Anneuk Report post Posted June 30, 2006 My 11 yr old daughter gets a taxi to and from school due to the fact she is considered at risk on public transport due to her unpredicatble behaviour if she gets upset. At present she has been travelling to school by taxi on her own and as such has been able to take part in some after schools clubs such as music and tennis which is really helping her confidence. I have now been told another child will be travelling in the taxi with her so she is no longer allowed to go to the after school clubs. I have asked if this is fair and have been told that the LEA ONLY have a responsibility to get her their and back at either end of the day and as after schools classes aren't education, then she can't go. The NAS have told me it could be a discriminatory issue and I am as I speak on the phone to the DRC (dissability rights commission). My question, has anyone else had this happen? what are peoples opinions? I myself have a liver disease and am often unwell and even if I could afford the diesal I am not really able to collect her from school every day, her SENCO was behind me but has today changed her mind and has suddenly decided that Aspergers isn't even a dissability it's a condition!!!! She went on to tell me that it's basically tough! My argument is that the LEA provide school bus tickets for all children and they can use these at all times for school activites including after school clubs but as Jacqueline is on a seperate form of transport she has to come and go at an exact time? How can this NOT be a discrimination issue? I get everything going fine, then the walls come tumbling down again!!! Anne Quote Share this post Link to post Share on other sites
oracle Report post Posted June 30, 2006 Off the top of my head I would say this is a Disability Rights issue and I would ask the LEA if this is their idea of 'inclusion' also an impotant point to bring to their attention is Every Child Matters - which is law! How can your daughter 'enjoy and achieve' if they are stopping her from taking part in after school activities? 'Enjoy and Achieve' is one of the aims and ALL LEA's have to make sure that 'ALL' children achieve these aims. There are local goverment appointed officers to make sure that they do. Find out where your local government office is and who has the responsibility from within. The LEA will not be happy with anyone sniffing around - especially this person Their action is disabling your daughter as opposed to enabling her and I would do everything I could to stop this from happening. Hope this helps? Oracle Quote Share this post Link to post Share on other sites
Gardenia Report post Posted June 30, 2006 I was also in this position with my ds. I contacted the LEA and was told exactly the same as you Anneuk and was also told that the taxi drivers have other contracts to do after my sons Not very helpful I know - sorry. Another side of the coin, my older son has been unable to attend certain after-school clubs at his mainstream school because ds2 transport would be dropping him off and I couldn't be in 2 places at once Oh the joys of motherhood!! Hope you have more success than me, and if you do let us know as it may come in useful next term. Gardenia Quote Share this post Link to post Share on other sites
phasmid Report post Posted June 30, 2006 They are in the wrong...bear with me I'll be back with quotes! Quote Share this post Link to post Share on other sites
Anneuk Report post Posted June 30, 2006 (edited) Just finished talking to the DRC. Their answer was... "under section 4 of the discriminations act, it seems that the LEA are fullfilling their basic role in getting her to and from school, However, she says that a collegue believes that their may be a case to answer against discrimination because all the other children who attend the school get a travel pass from the LEA which allow them to access all the after school clubs wheareas because J is restriced to a taxi becuase of her dissability and because the LEA won't allow her to have variable taxi times, then it seems she may being discriminated against." They are going to call me back on Monday after they have had time to go through all relavent literature... SO if anyone else <thanks Oracle / phasmid> has any further information or 'legal' pointers then please do let me know so I can add them in on Monday when I get the call back... Gardenia, I will let you know how I get on so you may want to relook at the way your child has been treated... Why is it always such a fight!! Anne Edited June 30, 2006 by Anneuk Quote Share this post Link to post Share on other sites
phasmid Report post Posted June 30, 2006 Go download this. Bottom of page 30/top of page 31. Quote Share this post Link to post Share on other sites
Anneuk Report post Posted June 30, 2006 Go download this. Bottom of page 30/top of page 31. Phasmid, this does clearly talk about planning in conjunction with LA's <is this the same as LEA?> parents and school and clearly says IT IS discrimination not to include out of ours and social activites... I will print this off to show the senco at school. Thanks so much... Anyone else who has more??? I am in the mood to bombard... I am fed up of her being told 'no can do!' Anne Quote Share this post Link to post Share on other sites
phasmid Report post Posted June 30, 2006 Ask the LEA for their SEN SPECIFIC transport policy - they ought to have one, this document recommends it as best practice (and it's around 2 years old now). You haven't been consulted, as you should be, simply told HTH Quote Share this post Link to post Share on other sites
phasmid Report post Posted June 30, 2006 PM me the name of your LEA and I'll poke about their web pages for their policy! Quote Share this post Link to post Share on other sites
phasmid Report post Posted June 30, 2006 LEA = Local Education Authority. LA = Local Authority - same thing different name/term. Quote Share this post Link to post Share on other sites
phasmid Report post Posted June 30, 2006 For anyone else who needs it: □ Extended Schools: policy should specify the circumstances in which the local authority would provide assistance with transport to or from such provision. Guidance on extended schools states that schools should consult with their LAs on out of hours transport provision. LAs, transport operators and parents should work in partnership to develop School Travel Plans and incorporate extended pupil and community access into those plans. Pupils with SEN should be included within these plans. Schools also have a general duty under Part 4 of the Disability Discrimination Act (1995) not to discriminate against disabled pupils. These duties and responsibilities must be taken into account when planning educational activities outside the school day. This from the above link (word version) Quote Share this post Link to post Share on other sites
Gardenia Report post Posted June 30, 2006 (edited) Phasmid I wish I knew all this before. Do you think the majority of LEA will follow the same guidelines, according to my LEA they are not legally obliged to employ Escorts on my sons bus. Gardenia Edited June 30, 2006 by Gardenia Quote Share this post Link to post Share on other sites
phasmid Report post Posted June 30, 2006 (edited) When the DfES issue guidance policies LEA/LA's have to have very good reasons NOT to follow them and they cannot use the excuse of funding either! If they are not matching the provision in this document in their own - ASK THEM WHY?!!! Edited June 30, 2006 by phasmid Quote Share this post Link to post Share on other sites
oracle Report post Posted June 30, 2006 Phas as usual Your Authority should have a Children's and Young People's Plan. If you can find it - it should be on their website - and if you can stick with it - it's looooooooooooooong. You will read how important it is for everychild to be given the opportunity to reach their potential and how well being and mental health are important issues with young children. It could be argued that what they are about to do to your daughter will impact on her sense of well being and mental health. It's all worth adding into the pot when you boil em in it Oracle Quote Share this post Link to post Share on other sites
Anneuk Report post Posted June 30, 2006 Phas as usual Your Authority should have a Children's and Young People's Plan. If you can find it - it should be on their website - and if you can stick with it - it's looooooooooooooong. You will read how important it is for everychild to be given the opportunity to reach their potential and how well being and mental health are important issues with young children. It could be argued that what they are about to do to your daughter will impact on her sense of well being and mental health. It's all worth adding into the pot when you boil em in it Oracle You are all so brill!!!!! I have now just found a "SEN code of practice for wales", am just going to troll through its 129 pages to find out if their is anything of relavance... thinking of the LEA bubbling away in a sea of their own paperwork!!! LOL Quote Share this post Link to post Share on other sites
Anneuk Report post Posted June 30, 2006 Can I also just add this link I found (huge apologies if this is here already) http://www.everychildmatters.gov.uk/ I read the publication every child matters - changes for children in school... I am printing it off ready with my highlighter pen. I really hope that these changes do happen, Anne Quote Share this post Link to post Share on other sites
Anneuk Report post Posted July 3, 2006 Big rant!!! I am so cross with my daughters secondary senco, I have just followed up with her a few things that were outstanding from our last discussion about a risk assessment for my daughters transport, and she was so insulting, she told me: 1. She has nothing to do with travel, she only looked after people in school and it was nothing to do wth her, when I asked her what she would be saying to the person conducting the risk assessment she said that it was nothing to do with her. I asked her who else could be asked then as dd spent most times in school she then said: 2. Maybe my dd should be in a special school rather than main stream, I asked her why a high functioning little girl with a big IQ should be sent to a special school, she said if she is that unpredictable then maybe she should be their, I then went on to say that she should be getting help to reduce stress within school not being ignored. 3. She then went onto to ask me what made my dd special when one of the staff who has two sons with AS had to struggle with transport requiremnts all the time! I told her that this other little boy who I know and who is in my other daughters class at primary is totally different from my daughter, and that she shouldn't be discussing other pupils with me anyway. 4. She then went on to tell me how busy she is and how do I expect her to do anything when she has statemented children to care for!! I told her that my child shouldn't be treated any differently from any other child who was statemented. 5. She told me I shouldn't try to put words into her mouth and that I should not be telling her what to tell the risk assessment team, I told her that I am only asking her to give the whole truth and not one off comments that could be misconstrued. I told her if she was to speak to these people she must give a complete review other wise it would be biased and unfair. I then asked her why I had never seen my dd IEP she went on to LIE to me that I had been told I could see it anytime, I told her that at parents evening she herself had told me that she would send for me to discuss it!! she was stuck for words at this point. I am SO cross, who the heck are these people... they get paid for what they do, why should it be so much hassle for them... Sorry, for ranting but I so needed to get this off my chest. Anne Quote Share this post Link to post Share on other sites
aro Report post Posted July 3, 2006 Rant away!!! how very unproffessional this woman is!!! Think I would take the matter further and complain! Anna x Quote Share this post Link to post Share on other sites
phasmid Report post Posted July 3, 2006 Sorry, but on the issue of risk assessment for transport to/from school purposes she is right - it isn't her job. That is down to the transport people at your LEA. They may seek her thoughts/opinion on it but they are the ones who will write the assessment. However the rest of what she had to say after that was bang out of order. Was this meeting minuted by anybody - do you have a 3rd party witness to this to substantiate this as it could be grounds for complaint. Quote Share this post Link to post Share on other sites
Anneuk Report post Posted July 3, 2006 Sorry, but on the issue of risk assessment for transport to/from school purposes she is right - it isn't her job. That is down to the transport people at your LEA. They may seek her thoughts/opinion on it but they are the ones who will write the assessment. However the rest of what she had to say after that was bang out of order. Was this meeting minuted by anybody - do you have a 3rd party witness to this to substantiate this as it could be grounds for complaint. Hi Phas, yes I know that it isn't her responisiblity to sort out transport, but the LEA man told me he was going to seek her opinion. What I didn't put in my previosu post was that last week this same teacher told the LEA man that my daughter was friends with another girl and on the basis of this coversation they had, my daughter was taken a different route from normal and a second child put into the taxi. This was very disturbing for my daughter as she had had no preperation for this. That was the reason I spoke to the senco to inform her of this and to make sure that she didn't make 'offhand' comments that could lead to another unsuitable decision. Unfortunately as this was a telephone conversation no third party was present. I am in the process of writing a letter going over some of the points that came out of the conversation and I have asked that the letter be added to her school records. This way I am hoping to firm up the conversations we have, as whenever I write to her she always rings me and thus nothing is ever in writing! I spoke to my daughters paediatrician this morning who said that I should put in an official compalint that my daughter was placed in the situation with the taxi, and she said this should not have happened and that my daughter should not be placed in transport with anyone else as she can be unpredicatable... Unfortunately my daughter also got upset the other night and hit her friend in the face, her friend has now been telling everyone in school about this incident... I just feel so sad at the moment. Anne Quote Share this post Link to post Share on other sites
phasmid Report post Posted July 3, 2006 I spoke to my daughters paediatrician this morning who said that I should put in an official compalint that my daughter was placed in the situation with the taxi, and she said this should not have happened and that my daughter should not be placed in transport with anyone else as she can be unpredicatable... I agree with your pediatrician, this should not have happened. Will they back up what they have sid to you by writng you a letter to this effect? It would add huge weight to your argument against what happened. You are supposed to be consulted about any change and a risk assessment should also be undertaken (You'll find this in that document). Just deviating from her normal route could be more than enough to upset her never mind sticking a new person in the taxi unannounced! The letter is a very good idea as this does make the phone call referable. Make sure you put in EVERYTHING you have told us, as close to word-for-word as you can get it, noting the time and date of the call. You can then go on to make an official complaint in the same letter. It will make it impossible to hide the call part away somewhere out of sight. Don't forget to get hold of a copy of your LEAs SEN specific transport policy and go through it carefully. Quote Share this post Link to post Share on other sites
Anneuk Report post Posted July 3, 2006 Don't forget to get hold of a copy of your LEAs SEN specific transport policy and go through it carefully. I couldn't get through to the dept this morning as it was engaged for ages then spent an age on the above calls followed by trip with my other daughter to have the casts on her wonky legs removed, have a hosp apt tomorrow but am going to try agin tomorrow afternoon to get hold of this document. Thank you for all your help Phas Quote Share this post Link to post Share on other sites
phasmid Report post Posted July 3, 2006 Don't bother with the phone...e-mail the request in. This will hopefully prompt an e-mail response which you can then print off and refer back to. Meanwhile you can get on with life! Quote Share this post Link to post Share on other sites
Anneuk Report post Posted July 3, 2006 Don't bother with the phone...e-mail the request in. This will hopefully prompt an e-mail response which you can then print off and refer back to. Meanwhile you can get on with life! duh... I live on the PC and I never thought about emailing the request in!! Quote Share this post Link to post Share on other sites
Anneuk Report post Posted July 10, 2006 duh... I live on the PC and I never thought about emailing the request in!! OK Update... All comments again gratefully accepted.... I have now been in contact with the LEA and they have told me they do NOT have a SEN specific transport policy! I am not really sure where totake that bit now.... Today dd went to her after school club and the taxi came at the usual time for her so she had to leave the class, the taxi driver told her and the teacher that they were not allowed to accomodate the extra hour, I will rinf the LEA tomorrow and confirm that they have told the transport company this. Now after speaking to the DRC they have handed over the case for discriminiation to IPSEA <excuse spelling> I have been in hospital for 4 days so haven't caught up with things yet but the man from IPSEA just rang and told me to ring him about the case... I am hoping to try to prove that the LEA is discriminating against my daughter as they won't allow her special transport needs to cover her 'extended' education. The extended education is open to ALL children and according to all the new inititives the government seem to want to get all children taking part in all bits of school life including the extended hours. However to me if a child can't go because they have a dissability and require special transport which dissalows them from going, surely this IS discrimination? As said, all pointers that I can discuss with this man on Wednesday gratefully received, hopefully if I can get somewhere with my LEA it may affect others too!! Anne Quote Share this post Link to post Share on other sites
phasmid Report post Posted July 10, 2006 If the school / LEA provide late transport for other (non disabled) children to enable them to attend then your daughter IS being penalised because they are not allowing her to attend due to inflexible transportation Quote Share this post Link to post Share on other sites
Anneuk Report post Posted July 11, 2006 If the school / LEA provide late transport for other (non disabled) children to enable them to attend then your daughter IS being penalised because they are not allowing her to attend due to inflexible transportation The LEa provide passes for all children so that they can get buses upto a certain time <6.30pm I think> We don't have set school buses in this area they use their passes to use public transport, so yes they don't have problems doing the extra hours. Quote Share this post Link to post Share on other sites
phasmid Report post Posted July 11, 2006 Then your daughter is being prevented from attending simply due to the taxi not being flexible....and why is she in a taxi? Because of her disability! There is a word for that, it starts with 'dis' ends in 'ation' and has 'crimin' in the middle! Quote Share this post Link to post Share on other sites
