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Local school transport changes 'will fail children with SEN'

Councils are illegally changing home-to-school transport policies in ways that disproportionately affect children with special educational needs (SEN), a charity boss has claimed.

Jane McConnell, chief executive of Independent Parental Special Education Advice (IPSEA), said concerned parents across England have contacted her charity’s advice line about proposed changes to their child’s eligibility for free transport to school.

McConnell told CYP Now that councils are trying to save money by changing eligibility criteria so that fewer children can claim the support.

She added that the Department for Education (DfE) was failing to back the needs of school children with SEN, because it wants to simplify its guidance to local authorities about home-to-school transport.

In July, the DfE was forced to backtrack on proposals to revise its home-to-school transport guidance after IPSEA applied for a judicial review on the grounds that the government had not consulted widely enough on the changes.

McConnell said that the DfE’s behaviour would undermine parents' attempts to challenge changes proposed by local authorities.

“We’ve been told by parents they are about to get a letter withdrawing their free home-to-school transport for children with SEN if they live outside of the statutory walking distance,” said McConnell.

“In this policy, the authority is rolling together two eligibility criteria – the one for SEN with the one for statutory walking distance. That’s illegal.

“Central government policy really dictates what the local councils do. The comprehensive guidance we did have, which has now been reinstated, talks about suitability of transport and in detail about aspects of transport,” she continued.

“The new guidance the government put together cut all of that out and made no real reference to SEN.”

McConnell warned that the changes could force parents to leave their jobs to ensure children could attend school.

“This will hugely impact children with SEN, especially if they’re in special schools where they often have to travel quite a big distance to get to those schools,” she said.

“In secondary school, the average child is expected to travel by himself to school – that’s not going to happen with kids with SEN so you have cases where a parent is having to give up work to take them to school.

“It will also have a seriously detrimental effect on family budgets."

Under the current DfE guidance, local authorities are required to provide transport to school for “eligible children”.

This definition includes children that live beyond a “statutory walking distance”, those entitled to free school meals, and those with some forms of SEN.

The guidance states: “Local authorities must make suitable travel arrangements for children with SEN, a disability, or mobility problem (including temporary medical conditions) if their SEN, disability, or mobility problem means that they could not reasonably be expected to walk to the school.”

A DfE spokeswoman responded to the concerns saying the department would intervene if local authorities were not adhering to requirements.

“Where there is evidence that councils are not meeting their home to school transport duties we will not hesitate to take action," she said.

"However, we know that many provide more transport than they are required to, and ending these extra discretionary transport services is a decision that must be taken locally."

The spokeswoman also confirmed the DfE would consult on its home to school guidance later this year.


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