Parents of Special-Needs Children Win Right to Challenge SCC Transport Refusal

Published on: 11 Dec, 2019
Updated on: 12 Dec, 2019

Clare McCarthy with son Hayden, 11. Image: Surrey Advertiser.

By Rebecca Curley

local democracy reporter

Parents fighting to get school transport help for special-needs children have won the right to speak at reviews of their cases after the Social Care Ombudsman (SCO) found Surrey County Council had wrongly denied them their say.

An SCO report said the council had not complied with government statutory guidance and should amend its Home to School Transport policy.

Now parents and carers of children with an EHCP (Education and Health Care Plan) who live in Surrey or are in the care of Surrey and have, have the right to challenge a decision about transport arrangements, their child’s eligibility, the walking distance between school and home and the safety of the route.

Stage one is reviewed by a senior council officer.

Stage two is reviewed by an independent panel of three SCC members and parents can now speak at the hearing.

Joanna Killian, SCC chief executive, admitted: “It hadn’t been consistent practice to offer that. We will have it now.”

The changes take effect in January and apply to children in mainstream and special-needs schools.

One mother, called Ms X in the SCO report, had complained about the council refusing her son free transport to school.

The Ombudsman found she had not been given the chance to present her case to the panel reviewing the council’s decision.

The SCO report was issued to the council on October 8 and published just last week, along with the council’s decision to change its policy.

Another mother, Clare McCarthy, from Englefield Green, was appealing a decision for her son, Hayden, who has a life-limiting illness which means he could have a seizure in the car at any time.

She had been denied an application for transport help so launched an appeal to highlight the unfairness.

Mrs McCarthy, whose appeal over her child’s eligibility for transport help was resolved before reaching stage two, said the chance to speak in review cases will be welcomed.

She said: “I could have been my son’s voice and say why he needs transport and how it would help the rest of the family. He relies on that service now.”

To go through the appeal process using only email or chasing calls was “disheartening”, she added.

But she stressed there would be less need for review panels if children, particularly those with special needs, were simply given the help they need with transport.

Mrs McCarthy said: “I don’t think there should be review panels. I think the child should be given it without hesitation. If they have an EHCP, then they should be entitled to it.

“When people are asking for help, they need help.”

SCC cut back on how much it spends on school transport for special needs children, scrapping support for post-16 and those under five after the bill topped £33 million.