Transport threatening to be withdrawn

[oxgirl]

I'm so worried. My lad is due to start at an ASD college in September, it's about 16 miles away. It's based on a mainstream college site in an area that has a very, very bad reputation, i.e. very rough and the college is where a lot of the less academically minded students go to learn mechanics and brick laying, etc. We were told he'd get transport there but now school have tipped me off that Education are planning to only provide transport up until Christmas.

 

The journey is horrendous and totally impossible for my lad, he can't even walk to town on his own, let alone do a two-hour journey involving two buses, it's way, way beyond him. Plus he'd be terribly vulnerable in that area of town, they'd eat him alive.

 

Education say the college must work on his independence but I don't know what kind of miricle they're expecting them to perform in three months, this journey is years away for him. I'm so terrified that they're going to withdraw transport. I was just starting to get used to the idea that I might actually be able to start a life of my own and was excited about getting a job and having an actual life, but now it looks as if I'll be driving him to and from college, about 2.5 hours of driving per day and I'm gutted. It makes me so cross, Education just spout words, they like them, when they're at college to be more independent! That's just words, it's meaningless. NO-ONE would like him to be indepdendent more than me, but it isn't going to happen overnight, do they really think we don't want that but just because they hit the magic 16, doesn't mean anything changes.

 

~ Mel ~

[Grace]

I'm so worried. My lad is due to start at an ASD college in September, it's about 16 miles away. It's based on a mainstream college site in an area that has a very, very bad reputation, i.e. very rough and the college is where a lot of the less academically minded students go to learn mechanics and brick laying, etc. We were told he'd get transport there but now school have tipped me off that Education are planning to only provide transport up until Christmas.

 

The journey is horrendous and totally impossible for my lad, he can't even walk to town on his own, let alone do a two-hour journey involving two buses, it's way, way beyond him. Plus he'd be terribly vulnerable in that area of town, they'd eat him alive.

 

Education say the college must work on his independence but I don't know what kind of miricle they're expecting them to perform in three months, this journey is years away for him. I'm so terrified that they're going to withdraw transport. I was just starting to get used to the idea that I might actually be able to start a life of my own and was excited about getting a job and having an actual life, but now it looks as if I'll be driving him to and from college, about 2.5 hours of driving per day and I'm gutted. It makes me so cross, Education just spout words, they like them, when they're at college to be more independent! That's just words, it's meaningless. NO-ONE would like him to be indepdendent more than me, but it isn't going to happen overnight, do they really think we don't want that but just because they hit the magic 16, doesn't mean anything changes.

 

~ Mel ~

 

Does he still have a statement? Case law dictates that transport has not to be stressful. Not familiar with post-16 provision, but if he still has a statement, I don't see why the law is different i.e. if this special college is named in Part 4, the LEA are obliged under law to provide non-stressful transport. If it is classed as Further Education and he does not have a statement then I'm not sure how you stand, but hopefully someone will come along who has come across this before/x

 

[JsMum]

The college is to work towards independance, there is nothing saying he is yet independant, I would make a complaint that if your son was to take public transport he will be in grave danger, express his social vunrablility and that your son has a disability and can not go anywhere unsupervised due to his impairments.

 

I would contact NAS Educational helpline too for more spersifics on Educational needs and 16Plus.

 

Express also that Taxi transport is essential part of his needs so he can Access his edcuation so that he can lead as independant life as possible in the future but at present and the near future he can not travel on public transport independantly.

 

JsMumx

Edited July 9, 2010 by JsMum

[call me jaded]

One of the good things my LA does is a travel training/travel buddy system. It carries on until the person really is ready to go it alone. Maybe you can find something locally?

[Sally44]

Same comments as everyone has already made really.

If he has a Statement and has a 'special' placement at this college then transport should be provided. And although everyone would agree that 'working' towards life skills and independent skills is good - just dropping a child to travel alone without any evidence that he can actually do it is ridiculous.

I would speak with IPSEA or NAS and check what your Statement says and what the placement is. If it is a special placement then he has such needs that 'mainstream' is not suitable which would indicate that travelling alone is not an option until it has been an area that has been worked on. And this should include TAs (or college equivalent) actually taking him on trips and going over and over his daily travel routine. I presume none of that has been done!

A well worded letter might do it. Or you may need to take things further. I think in these hard times most LEAs will try to get out of any extra cost and parents that don't challenge it allows them to make savings.

[Sally44]

Another thought. If he currently has a Statement that provides transport then if they stop transport that is a change to the Statement, which cannot be done unless there has been an annual review where this was proposed, or if they have had an interim or emergency review and changed the Statement. What the Statement currently contains HAS to be provided otherwise it is non-compliance.

[oxgirl]

Thanks for all your replies. The statement runs out at sixteen, if leaving school, which he is. We've heard nothing official yet, it's just the threat of it hanging over our heads after a tip-off from school. I really wish they hadn't told us, we've enough to worry about without this. Now I don't know whether to start looking for a job or whether I'll be driving for three hours a day from Christmas so not to bother.

 

~ Mel ~

[Sally44]

If he is continuing in education then I believe Statements do continue post 16. Have you spoken with IPSEA or connections about it??

[oxgirl]

If he is continuing in education then I believe Statements do continue post 16. Have you spoken with IPSEA or connections about it??

 

Statement discontinues and goes to some transition plan instead. My connections rep. is totally clueless, and no help at all.

 

~ Mel ~

[JsMum]

Statement discontinues and goes to some transition plan instead. My connections rep. is totally clueless, and no help at all.

 

~ Mel ~

sorry to advise this if you already have but I just cant believe his statement finishes just because he is 16, have you tried the NAS educational helpline, and as Sally advised IPSEA. I know Ipsea is a real slog to get throw but this is vital you get proffessional advise, they really cant just dump him now he is 16, he still has ASD, he still has Needs.

 

JsMUMX

 

[Kathryn]

This thread is going off at a slight tangent - please read the OP again - it's not about statements!

 

Oxgirl has said that her son is leaving school and moving into further education, in which case the statement does cease and that's that. As far as I understand, Oxgirl's issue is not with the statement but with the threatened withdrawal of transport to college.

 

Oxgirl - don't give up. With legal help we fought a similar battle for my daughter when her college transport was withdrawn - and won. It didn't cost us a penny either.

 

As a starting point, check your LA FE transport policy. They are obliged to have one, and it should provide for transport for vulnerable young people who need it, and set out how need will be assessed. Are they following their own policy in deciding to withdraw transport? Does the policy itself follow the law?

 

Helping students work towards independence is a good thing, and to that end, colleges provide "travel training" schemes with the aim of helping people learn the skills they need to travel independently. However it angers me when the primary motivation for this is to reduce costs rather than meet the young person's needs.

 

The LEA without warning decided my daughter was able to travel to college independently and just stopped her transport. The LEA officer who made this decision had never met my daughter. In a series of letters I asked for full details of how they came to this decision and they were unable to answer me properly - because it was obvious they hadn't looked at her needs at all. This was contrary to their own policy. We started judicial review proceedings against the LEA and they soon backed down.

 

PM me if you want to discuss it further

 

K x

 

[JsMum]

Oxgirl has said that her son is leaving school and moving into further education, in which case the statement does cease and that's that. As far as I understand, Oxgirl's issue is not with the statement but with the threatened withdrawal of transport to college.

 

I didnt realise that, I thought if they carry on Education then the statement contunues, its just that Js school there is six form and they can stay there until there 19/20yrs old.

 

So sorry there for going on a tangent with the statement, its just that in a statement it stipulates transport, and I was shocked to read that the statmenet finishes just because he is leaving school but going into further education of which is a specialist college for ASD, sorry if I may of confused you oxgirl.

 

I hope you get the transport after christmas so you can get that Job hopefully with the help of Kathryn and a threat of judicial review you might just get it all sorted out.

 

JsMumx

 

[oxgirl]

This thread is going off at a slight tangent - please read the OP again - it's not about statements!

 

Oxgirl has said that her son is leaving school and moving into further education, in which case the statement does cease and that's that. As far as I understand, Oxgirl's issue is not with the statement but with the threatened withdrawal of transport to college.

 

Oxgirl - don't give up. With legal help we fought a similar battle for my daughter when her college transport was withdrawn - and won. It didn't cost us a penny either.

 

As a starting point, check your LA FE transport policy. They are obliged to have one, and it should provide for transport for vulnerable young people who need it, and set out how need will be assessed. Are they following their own policy in deciding to withdraw transport? Does the policy itself follow the law?

 

Helping students work towards independence is a good thing, and to that end, colleges provide "travel training" schemes with the aim of helping people learn the skills they need to travel independently. However it angers me when the primary motivation for this is to reduce costs rather than meet the young person's needs.

 

The LEA without warning decided my daughter was able to travel to college independently and just stopped her transport. The LEA officer who made this decision had never met my daughter. In a series of letters I asked for full details of how they came to this decision and they were unable to answer me properly - because it was obvious they hadn't looked at her needs at all. This was contrary to their own policy. We started judicial review proceedings against the LEA and they soon backed down.

 

PM me if you want to discuss it further

 

K x

 

Thanks for that Kathryn,

We are willing to take it to appeal, etc., when and if it is withdrawn. Can I just ask you how long it took to win your case and what did you do in the meantime? I'd hate for him to miss college whilst we're in the process of going through the procedure, but worry that if I started taking him myself the LEA would just let me carry on.

 

~ Mel ~

[Sally44]

I also thought Statements continued post 16 as many special schools go up to 19.

Or do they class school as different to college?

And if Statements finish at 16 how could you have gone to judicial review because I thought that only related to Statements?

Sorry for all the questions, just like to know so I give the right advice.

[call me jaded]

Statements are only for schools. Colleges come under FE. The Transition Information Network has more information.

 

Judicial review is about whether the legal process has been followed and can be applied to any situation where there is a law or statutory guidance. Someone once said you have to have the mind of a lawyer if you have a child with SEN. That's so true.

 

 

[JsMum]

Statements are only for schools. Colleges come under FE. The Transition Information Network has more information.

 

Judicial review is about whether the legal process has been followed and can be applied to any situation where there is a law or statutory guidance. Someone once said you have to have the mind of a lawyer if you have a child with SEN. That's so true.

 

 

Im due at Js school tomorrow for his Annual Review so Im going to ask them too, but Js is a school and they can stay until 19 though you have to request funding around year 10/11 so does this mean his statement stays with him until he leaves even if that means he is over 16? as he will be there from 16yrs to 19yrs old.

 

I really didnt realise that a statement doesnt follow them into further education, ie College.

 

JsMumx

 

 

 

[Kathryn]

Im due at Js school tomorrow for his Annual Review so Im going to ask them too, but Js is a school and they can stay until 19 though you have to request funding around year 10/11 so does this mean his statement stays with him until he leaves even if that means he is over 16?

 

Yes.

 

 

Regarding judicial review, the action/decision of any public body can be judicially reviewed. This means a court will look at how the decision was reached and whether the correct legal procedures were followed. If they find the public body acted illegally or irrationally they can overturn the decision or order the public body to go back and reconsider.

 

Before the judicial review proceedings properly begin there is a "pre action protocol" stage where the solicitor sends a letter on behalf of the applicant to the public body with a time limit for response. This may resolve the issue without the need to proceed further.

 

We didn't actually get beyond this pre action protocol stage - it took a couple of letters between the solicitor and the LA and they backed down after a month. I think they were shocked we had taken this route but quickly realised they were on flimsy ground as they had made a completely arbitrary decision which was both unreasonable and unlawful.

 

It's possible to get legal aid for this if your case merits it. We did and the action was in the name of my daughter so it was her means that were tested not ours as her parents.

 

In answer to your question - in the meantime we had to pay a private taxi firm to take her to college and back. Luckily the distance wasn't too great and her DLA helped meet that cost.

 

I suppose we could have gone to the Ombudsman - I didn't realise that at the time - so that might be a possibility for you.

 

K x