DfE Guidance Post 16 Transport The local authority must exercise its power to provide transport or financial support reasonably, taking into account all relevant matters and a failure to make arrangements would amount to a failure to meet the duty. We want students older than16 with SEN to pay the same level of contribution as other students the same age with effect from September 2013

23 In assessing what transport arrangements or financial assistance may be required, the local authority must have regard to the following The needs of those who could not access education or training provision if no arrangements were made

23.1 Local authorities need to satisfy themselves that they have made the transport arrangements or arrangements for financial assistance necessary to facilitate learners’ participation in education or training. In doing so, they should consider the needs of the most vulnerable or socially excluded learners. The needs of learners with learning difficulties and/or disabilities should be specifically considered and the arrangements in place for each group must be documented in the Transport Policy Statement. To make things fair and equal, we believe all Post 16 students should pay the same amount for transport.

23.1 Local authorities will want to take into account other factors, such as the impact a learning difficulty or disability may have on a young person’s ability to walk this distance, and the nature (including safety) of the route, or alternative routes, which a young person could be expected to take in determining whether transport arrangements are necessary Providing transport to students over the age of 16 is a discretionary service

23.1 Local authorities may ask learners and their parents for a contribution to transport costs. We would expect local authorities to exercise their discretion in determining in what circumstances it is appropriate to ask for a contribution, but in exercising their discretion they should: Ensure that any contribution is affordable for learners and their parents. Ensure that there are arrangements in place to support those families on low income. Low income groups will always include those on the maximum level of working tax credit. Take into account the likely duration of learning and ensure that transport policies do not adversely impact particular groups. For example, as learners with learning difficulties and/or disabilities are more likely to remain in education or training longer than their peers and therefore, any contribution sought from the families of learners with learning difficulties and/or disabilities would need to allow for the fact they may have to make a contribution over a longer period than the families of those with children who do not have a learning difficulty and/or disability.

28 The transport needs of learners with learning difficulties and/or disabilities should be considered in assessments made under Section 139A of the Learning and Skills Act The local authority may assess learner transport needs in more detail beyond the Section 139A assessment. The local authority can take into account receipt of Disability Living Allowance when assessing what support might be needed by a learner (ie as a proxy of the severity of a disability) but may not require the learner to use this to support their transport costs to learning Post 16 SEN student families may already benefit from a Mobility Allowance as part of any Disability Living Allowance paid to the student

32 Local authorities also have a duty under the Education and Skills Act 2008 to encourage, enable and assist the participation of learners with learning difficulties and/or disabilities up to the age of 25 in education and training. It therefore follows that it is good practice for local authorities to include information about what transport arrangements are available and if they are adequate to enable these learners to participate.

Local authorities have to prepare and publish a new Transport Policy Statement for young people aged with learning difficulties and/or disabilities. This can be produced in conjunction with the Transport Policy Statement for young people of sixth form age. There is a requirement to consult a number of parties in producing the statement, including young people and their parents

Has the local authority fulfilled its duty? The local authority must exercise its power to provide transport or financial support reasonably, taking into account all relevant matters and a failure to make arrangements would amount to a failure to meet the duty. Any student older than 16 with SEN will not have transport provided free by the council. Those students would have to fund their own transport.

What can be done? Put comments on Herefordshire Council’s facebook page for Post 16 SEN transport which one of our parents has put there as well as complete survey Write to Herefordshire’s MPs to raise their awareness that Herefordshire Council is not following DfE SEN Transport guidance and is engaging in discriminative practice (Disability Discrimination) Write to the Equalities Commission Write to the Equality and Diversity Team of Herefordshire Council Write to the Chief Executive of Herefordshire Council and also the Leader and Chairman of Herefordshire Council to raise their awareness that Herefordshire Council is not following DfE SEN Transport regulations and is engaging in discriminative practice Write to ward councilors to raise their awareness that Herefordshire Council is not following DfE SEN Transport regulations and is engaging in discriminative practice Make a formal complaint against the officer who has put his name to the Post 16 Transport paper and survey and also against his line manager on the grounds of discriminative practice Ask why the two officers who represented Herefordshire Council at our Parent Consultation Workshops on the review of Post 16 education did not share this information as part of the proposed changes in post 16 provision Write to Hereford MENCAP, Herefordshire Carers Support, SCOPE, Downs Syndrome Write to Hereford Times