Can refusal for school transport count as disability discrimination?

[autumnsmum]

Hello I posted about boroughs refusal to provide transport to ss for dd before .i am curious to know does refusing to provide transport to the most appropropriate school for dd count as discrimination. The borough have said we live to close to the school and she isn't disabled enough which is ridiculous as it is a heavily oversubscribed ss . They will also not take into consideration that I have to take her brother who also has asd to school as well

No, sorry, it won't. The legislation says that they have to provide transport if the child lives over 2 miles or over 3 miles (over 8s) away from the school. Additionally, if the child has particular SN which mean they require transport to access school, it should be provided.

They have no obligation to provide transport for social reasons (your other child with ASD conflicting).

The Home to School transport Policy you need

Thank you so much for your help everyone . I really hope we get transport as the journeys are impossible without it