School Car Park LRM DLA

[2006hildy]

Our mainstream school will not let us use their car park because they say it is too dangerous as G is a runner.

DS dxd ASD, delayed expressive language aged 5.

We have a letter proving that we have been awarded Lower Rate Mobility DLA. He refuses to walk or is a runner and has no sense of danger compared to a neurotypical child of the same age.

I find it significantly more dangerous being on the main road with my two children aged 5 and 6 than in their carpark.

They have said it is my problem getting them to school.

I welcome any comments. I want to send a letter to the governors but need more weight to this problem. Anything greatly appreciated.

I'm not a legal expert, but I wonder if you could argue for school transport as the law says (England)

^that Children with SEN, disabilities or mobility problems

The new legislation requires the local authority to arrange free school transport for some groups of children who attend schools within statutory walking distance. The first is those with special educational needs, disability or mobility problems which mean that they cannot reasonably be expected to walk to their school, and no suitable arrangements have been made by the local authority to enable them to attend a nearer school.^

(see the IPSESA website on transport)

so you could possibly argue that you have a case for transport, which of course would cost the local authority, and you might find that the car park is suddenly available!

sorry the bit in between and is quoted

It sounds to me that what they are saying is "we don't want one of our staff to run your child over" - assuming that it is a staff only car park. However, the message they are sending out is that it is ok for your DS to get run over on the road - that isn't on their premises.
As your child will be in your care whilst on the car park, I can't see what their issue issue - you are hardly likely to let him go under the wheels of a car.
Not an expert on this but try quoting that they are failing to make a "reasonable adjustment" under the DDact. AsK for a written response as to why your request cannot be met.
FAiling that go with starfishmummy's suggestion. If you ask the LA to provide transport as you can't safely get DS into school then the car park may become available. After all, where do you think the school transport would park to drop your DS off - inside the school grounds of course!!!

You'll probably find that their insurance wouldn't cover them if they had eneterd into a voluntary arrangement to allow you to park in the school grounds.

It's probably also compounded by the fact tha he gets LRM rather than HRM. HRM would have provided an inarguable right to park in the school ground. LRM assumes the child can walk a reasonable distance.

Is there nowhere you can safely park except for the main road or the school grounds, i.e. a side road, from which you can decant your child into a buggy for the last leg of the journey to school?

Can you apply for a blue badge and then insist on using the disabled space for visitors? I can't see how they can prevent a blue badge owner from parking in the visitor's space - which presumably is nearest to the school so you won't be walking across moving traffic. You could ask for a staff member to meet you in the carpark to help.

But would agree that they would probably expect you to use a buggy if you cannot safely walk with both children into school.

My ds has neither LRM or HRM allowance, but he does have a blue badge. His school have never asked to see his blue badeg or even check he has one, but they told me to park in the disabled parking space whenever picking up or dropping off ds at school. It has never been an issue. Schools have a legal obligation to accomodate the disabled under the Equalities Act 2010, so I am sorry they have no leg to stand on. I agree with others like it sounds like they are concerned one of their staff will run over dsm, whulst they feel it is fine for him to get run over on the road. This makes it a safeguarding issue and they are not making reasonable adjustments. I would contact the sen assessment team at the la and ask them what they think would be reasonable. They will almost certainly contact the school and tell them to stop being such arses. There will be someone at the local authority who is responsible for inclusion and access, could be at councillor level of a head of department, I would contact them too, you could also contact Health and Safety department, and genetly remind them all that if your ds gets run over on the street because they refuse to allow you to park in the designated disabled parking, or staff parking, despite officially recognised mobility issues, they will still be held liable under Equalities Act 2010....I think the problem might go away. You can also try approaching the governor with responsibility for SEN, inclusion and Safeguarding.

You should not be expected to use a buggy legally, they are expected to make necessary adjustments.

Also, why are their staff arriving at school so late, that they feel they may be in danger of running over your ds, surely they would all be in school by then.