Can transport refusal count as disability discrimination?

[autumnsmum]

Hello as I have posted before dd2 has been refused school transport on the grounds that we live to close to the school and dd isn't disabled enough despite getting a place at a massively oversubscribed ss . My question to you wise people is does this count as discrimination as I cannot get her to the school that meets her needs on time as I have to drop off ds who also has asd at another school . The lady at ss said the borough don't take other children into consideration when deciding to grant transport or not,

If the reason it has to be you dropping ds is his asd, then it might be "discrimination by association" to make her late for school because of her brother's special needs. Same goes if they are saying it's fine for ds to miss education every single day simply because of having to drop a disabled dd2 at a special school.

Easier to prove if your area has sibling preference, if not, then lots of NT families will presumably have the same problem of dc at different schools.

direct payments and a childminder to do the drop-off?

Can't you get transport for her brother?

You should also find out about the appeal process - they have to offer you a right of appeal against the refusal of transport.

Get hold of a copy of the transport policy and appeal. Our LEA do hide behind the distance thing but I do know of kids that live within the distance and use transport. Find out from the SS what % of kids use the transport. Explain that your son should have transport too and try to get this.

Start an email/ letter writing campaign, get your local councillor on board, MP etc. Good luck