Transport - what happens if child is refused due to behaviour difficulties?

[magso]

Ds (who has LD ASD and ADHD) travels to school by school taxi. Last year there was an escort in a minibus, this year a car with no escort but a lovely driver. Ds who is himself noisy and impulsive, finds it hard to cope with one of the other children constant repetitive chatter and behaves unkindly to this child at times, and can be very silly or distressed at others. The other children find it hard to put up with his noise and silliness. School have also complained that his challenging behaviour and anxiety are higher this year. If his behaviour does not improve the taxi company will refuse to take him. What happens then? It is quite a long journey, and I do not think I could take him due to poor health myself - it would be at least 3 buses and 2 hours.
Ds needs an adult to keep him on the straight and narrow. Can I insist on an escort? Ds frankly would be better if he was on his own (last year he sat next to the escort, or in the back row on his own). There are only 4 children, hence not supplying an escort this year apparently. He is not safe to put in the front seat next to the driver, (the chatty child is put in the front) and this is the nearest appropriate ss. He behaves better with a distraction (DS, ipod ) but tends to forget and leave them at school ( and only a parent can collect once it has been left overnight which is a pain in the neck!)
Any one have any ideas about firstly what rights if any we have and secondly what I could do should this taxi refuse him transport?

My 2 DC's 8 & 15 are the only ones in their transport and they have an escort and your DS seems to need one,
I am sure children round here all have escorts, I would ring the transport department and get school to back you.
Good luck

I think escorts are (or should be) supplied on the basis of need rather than number of children.
Presumably they are saving money by putting 4 children in a taxi and therefore having no room for an escort.
Does he have the need for an escort written into his statement? Ds did though tbh after the first month he didn't need one. There was one on his transport for another child though so it wasn't really an issue.

I would second what 2old says.

He doesn't have a need for an escort written into his statement. We had great difficulty with the statement, which is a bit wishywashy, and is not upheld well. When he first started as SS as a littley it was too obvious that he needed adult support at all times - but now at 13 anyone who knows him would know it but I suppose there are many children in SS who have better awareness and self control and can cope without adult support. He comes across as more able than he is much of the time.
Perhaps the escort last year was for another child who is not there now.

Have you spoken to the school? We had some problems with ds and transport last term and the school were really supportive, contacting the taxi company and insisting they supplied a Houdini harness etc. This term he has a harness and an escort! If nothing else you can ask the teacher to make sure your ds has his ipod/ds before he leaves school each day (perhaps teacher could look after it for him during the day).

I am quite shocked at 4 SN kds and no escort, just a driver. Does anyone know the legal position on this?

Can you name the County? All our children have escorts in this County - the driver isn't allowed to leave the vehicle & doesn't care for the children.

No I don't know how we stand legally.
I should point out that this is for an MLD secondary. However Ds has SLD (borderline) as have many of the younger children. Other children may be able to read write or count but are severely ASD, or other complexities. There is an older girl perhaps around 15 in the car who seems more able, and can hold her own, and put ds in his place, but she is still a disabled child. There has been talk of our children having training to use public transport at 14, which is rather scary. I could see that perhaps ds might in the far future manage a simple 1 stage journey, with help at either end and a helpful regular driver, but his trip to school would be at least 3 buses crossing one of the busiest motorway networks in the UK.
School is still adjusting to the more complex children they now have and are not involved in transport. However they do check the children on the buses now after ds was 'lost' for 2 hours (he was taken to respite by mistake so was perfectly happy and safe - just nobody knew where he was!).
Today went better, ds had a picture book on one of his favourite subjects, and one child was missing so a little more space.

Hmm...actually not true. The policy states only if necessary.

Have a look at the official guidance - media.education.gov.uk/assets/files/pdf/g/2007%20h%20to%20s%20travel%20and%20transport%20guidance.pdf.

I think you should ask for an escort. Basically ds and the other children are all entitled to transport arrangements which enable them to travel without unnecessary stress and in safety. You should if possible send some evidence with the request, e.g. a report from the school and if possible the current taxi driver, copies of any complaints from the taxi company or other parents (maybe ask them to write complaints/reports?). If it's refused, they're supposed to offer you a right of appeal. If none of that works you might be able to take court action in ds' name and get legal aid.

If the taxi company refuses to take ds that might do you a favour. The council still has a duty to provide transport, and if there's a delay with that they must provide something like home tuition.

Further to nennypops post. The missing element here is that no risk assessment has been carried out. If it had then they must have concluded that it was safe to drive in these circumstances. If they have not then you would need to invite them to conclude that the journey is not safe and is inducing stress in your child and that is affecting him for the rest of the school day[wont it?]. What is the impact on the rest of the children? Do the school agree? Accordingly to ensure that they provide him with a stress free transport he needs either an escort or a separate taxi to ensure this takes place. To say anything else is arrant tosh.
Clearly it would be grossly discriminatory if he were removed from the taxi without such an assessment and even if he was the duty would still remain on the LA. Possibly a word with the Taxi co might be helpful? Under no circumstances accept their failure to act as a failure of yours or more importantly the child.

Thank you every one.

I think you also need to work with the school on a strategy to ensure his iPod isn't forgotten.

Thank you Starlight, you are right. Last year the escort took charge of these things. Working with the school is a very uphill battle and I confess to have rather accepted the status quo!