Essex SEND transport failures put children’s safety at risk

Author

Machela Boampong, solicitor at Tees Law, specialist in education law and dispute resolution.

Solicitor

Parents of children with Special Educational Needs (SEN) often face numerous challenges, with support questioned at every stage.

Once transport arrangements have been agreed with the Local Authority, parents should be able to rely on them being consistent. With so many other challenges to manage, they should not have to revisit arrangements that are already settled.

Essex County Council SEND transport: Ombudsman findings

A Local Government and Social Care Ombudsman investigation recently found that Essex County Council failed to have regard to its public sector equality duty in relation to its transport arrangements for two families.

Mrs K complained about her two children’s school transport including late and missed pick-ups, a lack of consistency, ignoring instructions to safeguard her children and about an incident when one of her children went missing. Both children have Education, Health and Care Plans.

 Mrs X complained about the unsuitability of travel arrangements to educational providers for her son Y who has an Education, Health and Care Plan and received Education Otherwise than at School. She said on several occasions in mid-September transport did not turn up. She also raised safeguarding concerns, including frequent changes of the drivers.

Why consistent home-to-school transport matters for children with SEN

Consistency is important for all children, but especially for those with SEN. Many children and young people with SEN find change and unfamiliar or unexpected situations difficult to manage. Inconsistent transport can cause dysregulation, affecting the rest of their day as well as the adults supporting them.

Transport arrangements often enable children to access suitable education. When they are not provided consistently, children and young people’s education suffer. Many who rely on home-to-school transport have no other way to reach their educational setting without suitable transport from the Local Authority.

School transport costs and the impact of complaints

Although, recognising the financial pressures of School Transport on Local Authorities, as the Ombudsman stated, “Contracts that prioritise cost efficiency over consistency can have a real and lasting impact on vulnerable children’s wellbeing and their readiness to learn”.

Local Authorities should also recognise that failing to provide transport can create further costs, particularly if parents and carers pursue complaints. The time and expense of handling complaints and LGO investigations could have been avoided had Essex  County Council addressed the issues when they were first raised.

Help with home-to-school transport issues

If you are struggling with a home to school transport issue, we can help, please also visit our page on your transport rights.

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