What if my child is not eligible for SEN travel assistance
If the pupil/student is not eligible for travel assistance you will need to make and fund your own travel arrangements. You may want to consider:
- the disabled person’s concessionary pass link to Bus Passes for older or disabled residents - Staffordshire County Council. A companion pass may be provided for a companion to also travel free of charge. The times that the pass can be used have been extended in Staffordshire for those who are below retirement age.
Right to review
Parents have the right to request a review of decisions on travel assistance entitlement. The review/appeal process is there for parents and/or young people who wish to challenge a decision about:
The travel assistance review process will ensure that the transport policy and law have been correctly applied. It will also ensure that any special and exceptional circumstances which mean that travel assistance should be granted as a concession are taken into account.
Please note: The transport review and appeal process will only consider the entitlement to travel assistance, not the suitability of the named school or placement. Work to determine which school to be named will have been carried out when the EHCP is produced, and should you have any query regarding which school has been named, this should be discussed with your Key Worker.
The responsibility to supply any supporting information for an application, review or appeal rests with the applicant. This will include information from outside agencies, which the applicant feels supports their request. However, if the parent can demonstrate that they are reasonably unable to do this, then the authority can take steps to try to locate this itself to ensure it has access to this information, but this may cause a delay in dealing with your appeal. Please be aware the authority but may be limited as to what information it can obtain due to the Data Protection Act.
What are the stages of a review and appeal?
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Stage 1 - review by a senior officer
A parent or young person has 20 working days from receipt of the Local Authority’s home to school travel assistance decision to make a written request asking for a review of the decision. The written request should detail why the parent or young person believes the decision should be reviewed and give details of any personal and / or family circumstances the parent or young person believes should be considered when the decision is reviewed.
Within 20 working days of receipt of the parent’s or young person’s written request, a Senior Officer reviews the original decision and sends the parent or young person a detailed written notification of the outcome of their review, setting out:
- the nature of the decision reached;
- how the review was conducted (including the standard followed);
- information about other departments and/or agencies that were consulted as part of the process;
- what factors were considered;
- the rationale for the decision reached; and
- information about how the parent or young person can escalate their case to stage two (if appropriate).
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Stage 2 - Review by an Independent Appeal Panel
A parent or young person has 20 working days from receipt of the Local Authority’s stage one written decision notification to make a written request to escalate the matter to stage two. Within 40 working days of receipt of the parent’s or young person’s request an Independent Appeal Panel considers written and verbal representations from both the parent or young person and officers involved in the case and gives a detailed written notification of the outcome (within 5 working days), setting out:
- the nature of the decision reached;
- how the review was conducted (including the standard followed);
- information about other departments and/or agencies that were consulted as part of the process;
- what factors were considered;
- the rationale for the decision reached; and
- information about the parent’s right to put the matter to the Local Government Ombudsman.
The Independent Appeal Panel members will be independent of both the initial assessment and the stage one review decision-making process and include a Senior Officer of the SEND Assessment and Planning Service (EHC) and representatives from the Transport and the Connected County and Access to Learning departments, to ensure a balance is achieved between meeting the needs of the children, young people, parents and the Local Authority’s duty.
If at stage two the decision not to provide travel assistance is upheld, the parent or young person will be informed of their right of complaint to the Local Government Ombudsman, but only if complainants consider that there was a failure to comply with the procedural rules or if there are any irregularities in the way the appeal has been handled. If the complainant considers the decision of the Independent Appeal Panel to be flawed on public law grounds, the complainant may also apply for judicial review.
How can I request a stage 1 review?
If you wish to request a stage 1 review, please complete the online form below within 20 working days of travel assistance being refused. The outcome of your review request will be communicated to you within 20 working days of receiving it.
You may wish to contact the SEND Independent Advice and Support Service who will help you to express any views you may have and provide you with relevant advice. They are an impartial and confidential service who can be contacted on 01785 356921
Include all recent supporting evidence (no more than 12 months old) which you consider supports your appeal. Letters simply of ‘support’ without additional evidence (e.g. medical professional’s report) are not sufficient. We will consider the information you provide when making our decision. We will not generally seek extra information for confirmation of your views you have sought from schools, doctors, other professionals, etc. Please ensure you have all the additional evidence ready to submit before you proceed as you will be asked to upload any information before you submit the form and ensure you included all pages of a document.
What do I do if my stage 1 appeal is unsuccessful?
If you are unsuccessful at stage 1, we will inform you in writing how to request a stage 2 review. You should request a stage 2 review within 20 working days of the stage 1 review outcome.
Please note: that if you have been unsuccessful, further review and appeal requests would not be accepted in the same academic year unless there has been a significant material change in your circumstances or you are able to provide new supporting information for consideration.
Who provides travel assistance during the review or appeal process?
During the review or appeal process you are responsible for arranging and funding any travel until your case has been considered. We only become responsible for arranging travel assistance once it has been decided the child or young person is eligible and for funding it once travel arrangements have been made.
Complete our online form
To request a review please complete the online form.