LEA refusing to help with travel costs to residential school

[loulou]

Hello everyone,

 

My son (12) is at a residential school for boys with AS. It's 115 miles away from our home.

 

The school is 38 week provision, which is funded by our LEA and Social Services. There are no schools in our county that can meet his needs, that's why he is so far away.

 

Anyway, our LEA will pay for transport (Taxi or petrol money) for half terms, end of terms and 2 "emergency" trips per year. Any other trips home have to be paid for by myself.

 

The school can keep boys there at weekends during term-time, but the majority of the boys go home alternate weekends. For my son, weekends home are a reward for good behaviour (he is very challenging), and so far this has been working well.

 

I recently lost my job due to ill-health and i can no longer afford the petrol to go and collect him every other weekend. I was struggling to pay for it when i WAS working, but now there is no way i can. A round trip is over 450 miles, which costs about £70 in petrol .

 

I have spoken to the LEA about this, and their blunt reply was, "We are paying for him to be at school 38 weeks a year, so we will not pay you to bring him home every other weekend."

 

It wasn't so long ago they branded me "uncaring" for wanting to send my child to a residential school. "Children should be at home with their families!" they used to say to me .

 

So now, when it suits them, it's ok to leave a child away from his family for 7 weeks at a time?

 

I know that other boys at my son's school get picked up by taxis at weekends, or their parents get petrol money, so why won't our LEA do that?

 

I really don't know where I stand on this one, or what to do.

 

I am very worried about having to tell my son he can't come home anymore. I am positive it will result in MAJOR problems at school .

 

Any advice would be greatly appreciated.

 

Loulou xx

[JsMum]

It wasn't so long ago they branded me "uncaring" for wanting to send my child to a residential school. "Children should be at home with their families!" they used to say to me.

I would of put in a very swift complaint there, that is absaloutly disgusting, how dare they, residential school can also really benefit some children who depend on routine, stability, predictability and if there any thing like mine who refuses to attend school at least there already there! what a personal and hurtful comment to make.

 

 

 

Anyway, our LEA will pay for transport (Taxi or petrol money) for half terms, end of terms and 2 "emergency" trips per year. Any other trips home have to be paid for by myself.

My sons resi school at present is a 38wk school and the LEA pay for ALL above plus his alternate week ends home. So I would contact NAS to discuss this further, to look at placing in a complaint, you could also say that there is a change of circumstances and what his transport to be reviewed in relation to the costs of the pertrol for the trips home alternate weekends.

 

I am very worried about having to tell my son he can't come home anymore. I am positive it will result in MAJOR problems at school.

is he likely to come to harm if he does not return home alternate weekends, you could lodge in appeal saying that there has been a change in curcumstances reguarding your sons behaviour that is related to the fact he can not return home. so gather evidence.

 

I would defo advice you ring NAS.

 

JsMumx

[caci]

I think you can ask for his statement to be changed to include the "extra" trips home. This might mean a tribunal and more solicitor fees, but could be worth it in the long term.

[Kazzen161]

My county used the same argument - they said if the school reduced its fees accordingly, then they would pay the extra petrol. You can see their point - that if they are paying for the child to be at the school at weekends then they should not pay for him to come home too. Have you asked the school if they would pay? (I do wonder what would happen if all the children decided to stay every weekend - how would these schools cope?). I believe these issues should be discussed when the school and LA are agreeing the fees, but they don't seem to be.

 

Have you spoken to SS and asked if they will pay for the extra trips? They may argue that his mobility DLA should pay for it. If you get no luck, you could try writing to your MP.

[JsMum]

Also to add your sons wishes should be also considered, so if he does really want to come home alternatate weekends then he should be making this clear to the school and LEA SEN section.

 

I strongly recommend a Childrens rights advacate, they listen to what the childs wishes are, though they can not always be presedent in overall decsions they should be saught and recognised.

 

So search for a childrens rights advacate in your area, he will meet the criteria as he is recognised as a Disabled Child.

 

or contact this website who will search for you the closest advocasey in your area and that is funded by your local authority but still independant, J has a childs rights advocate and it has really supported J.

http://www.nyas.net/contactus.html

 

 

JsMumx

[loulou]

Hi,

 

Thank you for your replies. I have already asked SS and they told me it was down to the SEN team. The SEN team said it's down to SS!

 

I can understand that they don't want to pay as they're already paying for him to be there, but I'm sure they can't deny a child the right to see their family. They are so hypocritical . I know they don't have infinite amounts of money, but they certainly have alot more than me! I also find it strange how they give parents 28p per mile, but they get 40p per mile (plus "expenses" no doubt)!!!!

 

I think i will write to the Head of children's SS and the Head of the SEN department.

 

Thanks again,

 

Loulou.

Edited February 24, 2011 by loulou

[Kathryn]

Hi Loulou,

 

So sorry to hear this. As far as I can see, the LEA are fulfilling their statutory responsibility to transport him to school and back and I don't think their legal responsibility covers weekends in between but I'll do some digging for information over the next few days and if I find anything that helps you I'll let you know.

 

First step - look at the LEA transport policy which should be online, and see what provisions it makes over and above the statutory minimum. Unfortunately our LEA (and many others) are cutting back on school transport to save costs.

 

LEA's have to have a procesdure for appealing transport decisions so contact the Director of children's services requesting details of how to appeal a transport decision. It would help if you have something formal in writing from the LEA saying they are not going to provide transport for your son.

 

We are in the same LEA as you and I started Judicial Review proceedings against them over sudden withdrawal of my daughter's college transport a few years ago. They quickly backed down once a solicitor got involved - (no cost as we were able to do it in my daughter's name). If you want details of how I went about this, pm me.

 

Another route of appeal may be the Ombudsman - they do look at transport issues and althoutgh they can't look at the merits of a decision they can investgate the procedure by which the LEA reached a decision and order them to look at it again and follow proper process.

 

K x