Transport refused

[raelien]

My son has been granted a placement in the school we so desperately want him to attend for his transition to secondary school the problem is its not in our catchment area and although the statement has provided provision for him to go there i am having to appeal the transport.

 

I have to attend an appeal on the 24th Feb to see if the local transport authorities are willing to pay the £34k for five years they say it will cost to transport him to our preferred school than the one in our catchment area will only cost £5k but in no way meets his needs.

 

 

we have worked so hard to get him ready for this new school and we cant not send him there because of transport, is there anyone else who has gone through this kind of thing and could you advise on what to expect and what research i need to do

 

thanks

 

Rae

[baranigirl]

surely if it is his nearest school appropriate for his needs they have to pay provided it is more than 3 miles away from your home! They only way they can say no is if another school closer is fit for his needs

 

Good Luck, I have fought and won an appeal on a school place, but not dealt with appealing transport issues as we just pay for her transport there as we chose the school out of area as it was better suited to her as a school but she had no 'need' to attend aside from the fact she chose it and refused to go anywhere else meaning her stress enuresis got worse and I won the appeal based on that

[raelien]

surely if it is his nearest school appropriate for his needs they have to pay provided it is more than 3 miles away from your home! They only way they can say no is if another school closer is fit for his needs

 

Good Luck, I have fought and won an appeal on a school place, but not dealt with appealing transport issues as we just pay for her transport there as we chose the school out of area as it was better suited to her as a school but she had no 'need' to attend aside from the fact she chose it and refused to go anywhere else meaning her stress enuresis got worse and I won the appeal based on that

 

 

 

its the same situation we have a school closer that they consider is fit for him but he freezes up if we even drive past the place, - he refuses to go anywhere else because this school his uncle went to and had asd and was deaf and has a good job and he sees that as an endorsement of the place.

 

to send him to the school closer will undo all the great work that we have fought for in the last few years. he already is having panic attacks that he might not be able to attend.

[caci]

I have no experience of this, but could you make your own enquiries about transport costs just to check the figures that are being quoted ?

 

Does the nearer school have several pupils near you who would share a minibus and escort, where as the other school would require a private taxi and escort ?

 

Do you need a special vehicle (wheelchair friendly etc?) or would a minicab be OK ?

 

I think as the whole LEA is based on "best use of resources" (= MONEY), you may have some success if you can prove your school is not as expensive for transport as they are saying it is.

[raelien]

I have no experience of this, but could you make your own enquiries about transport costs just to check the figures that are being quoted ?

 

Does the nearer school have several pupils near you who would share a minibus and escort, where as the other school would require a private taxi and escort ?

 

Do you need a special vehicle (wheelchair friendly etc?) or would a minicab be OK ?

 

I think as the whole LEA is based on "best use of resources" (= MONEY), you may have some success if you can prove your school is not as expensive for transport as they are saying it is.

 

 

 

good point - we were going to suggest meeting them in town so they dont have to pick up from an outlying village which will knock a third off the cost right away- he wont need a wheelchair but does need and escort as he has panic attacks and cant help distracting the driver if i do my sums right before hand i can blind them with cost savings lol

[Kazzen161]

I presume that the LA are saying that there is a closer school that would also be suitable, and they are only agreeing to name your choice of school if you pay for the transport.

 

There are two sides to your argument - that this school IS the closest suitable school (because their choice of school is not suitable) and on costs. I rang my son's exisiting taxi firm and they gave me approximate costs for both schools. Have you asked your school if there are any other children being transported in from your area? Do you know why the cost difference is so big (eg: shared taxi/escort?).

[JsMum]

If its the nearest school that meets your sons needs and the statement states the school that is further away the LEA should meet the transport costs.

 

When J was at primary school we had a Taxi and Escort paid due to Exceptional circumstances, so look into this also, exceptional circumstances is a panel that will look into the reasons you have chosen the school and if your son will benefit because of any special needs.

 

So do look into this also, my son is now in a resi specialist school and the transport is now included in his statement.

 

So it can be done.

 

JsMumxx

 

Edited February 11, 2010 by JsMum

[Kathryn]

Raelian - have you got your final statement yet: what does part 4 say? If your school is the only one named, the LA are legally obliged to provide transport. If they refuse - you can seek legal help for a judicial review which you could possibly bring in your son's name and thereby get legal aid.

 

If the LA have named both schools in part 4 as suitable, the COP says they can name your school and can ask you to provide transport to the school further away. In that case, you could go to tribunal and appeal against the decision to name the LA school on the grounds that it's unsuitable. If you won, that school would be removed from the statement leaving your choice as the only suitable school.

 

(Education act 1996 section 508 ,see schedule 35B-. Also Home to School Travel and Transport Guidance paras 105/106) Sorry it's late but I'll look up exact refs tomorrow if you need them)

 

K x

[Sally44]

Another thing you could consider as part of your argument:-

 

Everything is usually down to cost.

Look at the difference between the two schools in terms of cost and what they provide.

If the school the LEA thinks is suitable does not have everything to meet your sons needs eg. if they would have to pay for additional SALT, EP or OT time etc, then that too should be added to the transport costs. That may make your choice of school overall the best use of resources.