providing transport

[bjkmummy]

hi, my son b is in an asd special school - we are moving counties in 2 weeks and although i tried to get him to stay at his current school, lea have ruled that he has to go to a mainstream school with an asd unit - he was there before so im sort of okay about it as he will know the staff etc. i have insisted that he will get a unit placement. b has a statement and currently gets transport. his younger brother j also has autism - he has no statement yet - the new lea have also agreed that j can also have a unit placement as he is an 'exceptional' case. the boys school is just under a mile from my home.

 

the problem is that j has a twin sister and there is no room for her at the school - she is keystage 1 so the 30 in a class rule applies so i cant even appeal. i asked breiefly if both boys could have transport - the statementing officer clearly didnt want to talk to me so just fobbed me off and said no as j could go to the local school instead and was only going to the unit as he was a special case. but i am now left with 3 children - 2 asd and have to get them to two schools for the same time each morning!!! i know that other children wholive in town and only less than a mile from teh school who have special needs do get transport - there is a minibus and i was talking to the driver a couple of weeks ago as he used to take b to school before when we last lived in county and he was telling me there are only 4 children on the bus so wouldbe plenty of room for my 2 children - surely thelea need to hep me out here cos im stuck - yes j could go to the local school but they would struggle with him as he also has adhd as well. they do have to rpovide transport for b so really would it be such a hardship for j as well and the statementing officer is well aware of the situation with my daughter - its all such a mess. i have read tehir transport policy and it does state that if a child has a learning disability the usual 2 mile rule does not apply so im gonna appeal but why do the make it so difficult - if its not bad enough that my son has had only a couple of weeks notice that he has to leave his special school cos the new lea have taken such a long time to come to a decision - so much for every child matters!!!!

[Grace]

Hi,

 

I was in a situation once where my DS joining a class would take them over the legal limit and I remember the teacher saying, they could ask for permission etc. Anyway, I looked it up:

 

The number of Key Stage 1 classes reported as having more than 30 pupils, but which met legal requirements (which allow infant classes of more than 30 in very limited circumstances) on the census day was 860 (from a total of 53,890 classes), 1.6 per cent of all Key Stage 1 classes, up from 1.1 per cent in January 2009.

 

The most common reason for a Key Stage 1 class meeting legal requirements for having over 30 pupils was pupils admitted on the basis of an independent appeal panel's decision or admitted having initially been refused entry as a result of an error. This accounted for 51.8 per cent of lawful classes with over 30 pupils. Pupils admitted outside the normal admission round were the second most common reason, accounting for 25.6 per cent of lawful classes with over 30 pupils.

 

I think that as your children are at the nearest school that can meet their needs the LA are obligated to provide transport:

 

Children unable to walk to school by reason

of their SEN, disability, or mobility problem

(including temporary medical conditions)21

79. Some children with SEN and/or a disability

may, by reason of their SEN and/or disability,

be unable to walk even relatively short

distances to school. Similarly, children with a

mobility problem caused, for example, by a

temporary medical condition such as a broken

leg, may also be unable to walk to school.

80. Where such children attend a qualifying

school, which is within “statutory walking

distance”, and no suitable arrangements

have been made by the Local Authority for

enabling them to become a registered pupil

at a qualifying school nearer to their home,

they will be “eligible children”. This means that

local authorities must make suitable travel

arrangements for children with SEN, a

disability, or mobility problem (including

18

21 Paragraphs 2 and 3 of Schedule 35B

temporary medical conditions) if their SEN,

disability, or mobility problem means that

they could not reasonably be expected to

walk to the school (or other place where they

might be receiving education under section

19(1) of the Act).

 

 

I think the best solution would be for your daughter to attend the same school, so speak to a helpline e.g. IPSEA, SOS!SEN or CLS to see how you go about that; no doubt the LA will not help you, but I'd hope you'd have a good case.

 

Best Wishes

 

 

Grace/x

[Sally44]

Your problem sounds due to J not having a Statement yet, although they have said he can have an autism unit placement. Do you have that in writing?

I don't know the answer to your questions about your daughter, but others will.

 

I did have a situation myself where I had moved my son from his mainstream primary to another mainstream primary that also had enhanced resource places and an autism unit. I obtained a 'mainstream' place for him because we were in the Statementing process, and I felt sure that they would say they had no places for him by the time the Statement was completed. And I just thought that I had to move him to a school that had a better understanding of autism, which his current mainstream did not. And by law, even mainstream, they have to fulfill the Statement. The LA were not happy because I essentially got an "enhanced resource" placement by the back door. But they refused transport on principle.

 

The LA agreed to issue a Statement, and by that time I had been allocated a mainstream place. I was told that legally they could not refuse the mainstream place as that would be disability discrimination. So I took him there from September and they had to fulfill his Statement. In the meantime I appealed his Statement as it said 'mainstream', and as he was mainstream they made me transport him.

 

I also had a daughter who was still at the original primary school. So like you I had to be in two places at the same time. I agreed with the school to take my daughter first and then take my son across town to the other school.

 

As we approached the Tribunal date, the school suddenly 'found' another enhanced resource place and funded his transport.

 

So I would say regarding your child J, what do you have on paper so far about his placement. When his Statement comes through see what it says in part 4. If they don't provide transport by then (and when will the Statement process be over?), then you appeal. Even if they finalise the Statement and they are providing transport, still appeal if the Statement is not worded right.

 

I'm not even sure that as your son's previous Statement must have said Special School, whether they were acting illegally to move him into an Autism Unit, they have effectively altered his Statement. You may have a case for arguing that both boys went to the same Special School, I don't know.

Edited April 10, 2011 by Sally44

[bjkmummy]

the new county has no special schools - they are saying that i only got a special school placement in this county becasue they had no asd units - i am concerned that as his statement now states special school that i have been fobbed off and i should maybe fight more - im also worried as ive now told b special school taht he is moving and as places are at a premuim it will be being filled as we speak - its starting to become as mess - im also worried as ive been trying to speak to the head of the new school and have only managed to speak to the woman running the unit - she has said that they havent decided where b will be within the school so he could end up just in the mainstream!!! they will decide after easter - the day before he leaves his old school - what a mess - only reason this is all happening is because my husband has been made redundant from the raf so talk about stress

[Kathryn]

Hi bjkmummy

 

the problem is that j has a twin sister and there is no room for her at the school - she is keystage 1 so the 30 in a class rule applies so i cant even appeal.

 

You do still have the right to an admission appeal for your daughter, even if infant class size prejudice applies. It's obviously very difficult to win such an appeal as the panel can only override the legal limit in exceptional circumstances. But they can admit a child where the decision to refuse admission is "unreasonable" i.e. illogical in the strict legal sense of the word. It's possible that a panel may decide that your circumstances may meet this criteria. Worth a try, anyway. Did you apply for a place at the school for her? If so, is she on the waiting list? Many LEA's have a policy on admission of twins, which states that they will be given particular priority where schools are full. Have a look in the admissions section to see what the policy is for your LEA and if they are following this.

 

LEA's also have something called a "Fair Access Protocol" which helps to place pupils in schools and override the admissions procedure where there are exceptional circumstances. This may include priority for families in the services so that they are not unfairly disadvantaged as a result of having to move . Ask whether your daughter can be considered under the fair access protocol.

 

May not work if there's already a place at a local school for your daughter, but it's worth a try.

 

K x

[Sally44]

Don't move your son out of the special school until the LA has offered something in writing to you?

LAs can and do fund placements in other counties.

I would speak with the Head of the special school and tell them that you do not have anything set up for your child yet. As you say, if you move him out of the special school school, and the LA has nothing, they will offer mainstream.

The Statement says "Special School". If the LA seeks to change that, that is an amendment to the Statement that you can appeal at Tribunal.

If you have anything in writing from the LA about them intending to move your son, or change his placement etc, then you may have a case for Judicial Review. That would involve a solicitor and an up front fee of around £350 for the solicitor to lodge the appeal. Then the solicitor works for the child and therefore all his work is done for free.

 

I would definately speak with www.IPSEA.org.uk as they know alot about the law regarding education. The NAS may also advise you. It is difficult getting through to IPSEA, but keep trying. Personally I would not let the LA change it, especially as the ASD Unit have not even offered him a place there.

 

All LAs are looking to save money with all the cuts that are going on. You may need to stand firm, and show them that you know your child's rights. If your child is currently in a special school, then moving mainstream is going to be a disaster for all the family. And it would take you years to get back to the same situation you are in now ie. going to Tribunal to ask your LA to fund an out of county special school.

Edited April 11, 2011 by Sally44