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Sen school travel

14 replies

Lollypopsun · 09/09/2020 10:52

Hi I was just wondering if anyone had been in a similar situation and could help.
My DC has a placement at a sen school this year I fought long and hard with appeals for our local council to agree that DC would struggle in a mainstream secondary school and needed a sen placement. They only backed down and agreed when I started mediation process, there's 2 local schools and i requested the one I thought more suited when I visited them. I got the decision letter and they named the school that was 2 miles closer and told I could only have the school of choice if i signed away my rights to travel expenses. I took my school of choice as it is a better school, but don't agree that DC shouldn't be allowed on the school bus. Has anyone fought this and had it overturned, surely with a sen school the parent should have the right to choose the named school without affecting travel.

OP posts:
Lesley25 · 09/09/2020 13:25

Did you sign anything to say you would sign away the rights to transport? You should’ve had your named school anyway

LupinsNotLilys · 09/09/2020 13:33

Poppycock

I've heard some nonsense from LA's but this is ridiculous. They should have offered the school of choice without holding you over a barrel over transport costs.

I hope you haven't signed anything and I'd be looking down the legal route immediately, there's no need for them to do that. What county are you in op? Did they explain further why it was important for them to exclude transport costs?

FWIW I drive my sn dc to his school and back each day and claim the parental allowance for it as school transport was proving very difficult for him to endure (and others with him)

Are they not allowing you to claim expenses at all?

LupinsNotLilys · 09/09/2020 13:35

childlawadvice.org.uk/information-pages/transport/

Hopefully this helps

LupinsNotLilys · 09/09/2020 13:37

I assume the argument the la are going to carry is there is a more suitable school closer which is why they could refuse expenses?

So you would need to find a legitimate reason as to why the closer school is not more suitable/suitable I think...

bathsh3ba · 09/09/2020 13:43

What's the difference in distance?

You can request any school you like but the LA only has to name a school that will meet the child's needs. So you would have to explain why the school you don't want isn't suitable.

If both schools are equally suitable but your preference is the one further away then they are within their rights to refuse transport. However, if you ask for costs, and push, you may be able to negotiate a place if there is space on a shared minibus at minimal cost.

(I used to be an SEN Officer.)

Lollypopsun · 09/09/2020 16:37

When it went to panel both schools said they could meet his needs, i had been and viewed the schools and the one I had requested was more suited to my child. DC excels in ICT and this school specialises in ICT and media and the reviews of the school are great. The school of my choosing is 6 miles from me and the one they named is 4 miles. There isn't much in the distance at all. They're refusing travel expenses over 2 mile difference, a bus for the school comes through my town its just seems ridiculous.

OP posts:
bathsh3ba · 09/09/2020 16:56

I expect they will give in on those figures if you threaten tribunal.

LupinsNotLilys · 09/09/2020 17:05

I apologise for my poppycock comment, seems I was uninformed. I understand your frustration though

Is any of it down to discretion I wonder? I had the choice of 2 schools, one 15 miles away, one 20. I said I'd prefer Ds to go to the one 20 miles away and I didn't have to ask twice for travelling expenses, it was just offered to me.

Good luck with it op, I hope your Ds settles in quickly and you get the travel sorted

Lollypopsun · 09/09/2020 17:13

Thank you for everyone's replies, it's definitely something I'm appealing over.

OP posts:
fruitpaw · 09/09/2020 17:17

SENTAS are good on advice in this area.

bathsh3ba · 10/09/2020 07:59

You can't appeal transport but you can appeal school. You have to give reasons why you don't think it's suitable though and not just why the other is better. I really really can't see them going as far as a tribunal hearing over it.

10brokengreenbottles · 10/09/2020 11:57

I second getting in touch with SENTAS.

If the EHCP has a statement about transport not being provided to the school you want it is possible to appeal to SENDIST to have the sentence removed.

You can also go through the LA's appeals process.

Lollypopsun · 11/09/2020 12:33

Thank you for everyones help, I've put in appeal about transport, I'm going to get in with Sentas today.

OP posts:
KisstheTeapot14 · 21/09/2020 13:28

LA's have been known to do this but for 6 miles (same for us, we will be asking for a secondary school we think is appropriate this far away) I suspect they would back down if you start pushing and SENTAS I have heard are great for advice on this.

LA are trying it on - often people do back down and transport a child themselves to secure placement. Sadly! Laugh gaily and tell them you are seeking legal advice :)

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