Second Appeal Against Decision Not to Provide Free Transport for a Child With

Second Appeal against decision not to provide free transport for a child with SEN/Disabilities/Mobility Problem

(Please insert your

home address here)

Send to:

School Transport

Metropolitan Borough of Wirral

HamiltonBuilding

Conway Street

Birkenhead

CH41 4FD

(Please insert date)

Dear Sir/Madam,

I have been informed that my first appeal against your decision to withdraw SEN Transport for my child had been refused. I would like to challenge this as I do not believe you are complying with legislation or your own transport policy in making this decision and therefore it is unjust and unlawful.

My child is of compulsory school age, attends a qualifying school and is an eligible child as he/she has special educational needs, disabilityand/or mobility problems which means that he/she is unable to walk safely and in a reasonable degree of comfort to school.

Wirral’s transport policy 2015-2016 states that parents are required to complete an application form as part of their child’s review for transport and this should be done annually. I have not been given the opportunity to fill out a form as part of a transport review. This has placed my child at a disadvantage and may constitute disability discrimination,as I have not had the opportunity to give reasons as to why I believe my child is eligibleas described in section 35B of the Education Act and would therefore be entitled to suitable transport under section 508B. Local authorities have a dutyto make suitable arrangements for eligible children under sections 508B of the Educational Act 1996. Provision of a free bus pass to travel on public transport would not be suitable for my child because they would be unsafe and would not arrive at school stress free to enable them to participate in a day’s study. Also when making decisions about transport for eligible children with special educational needs the distance from home to school should not be taken into account aspart of the review.

I also understand that when Wirral Council decided to change their policy they stated that no children who are currently receiving special transport would be affected by the new policy whilst they remained at the same school.

I believe the local authority has failed to comply with its own policy and legislation and therefore request that the process be reviewed, following statutory guidance,and that my child’s transport arrangements should be reinstated in the meantime.

Yours faithfully,