Memorandum submitted by Mencap (ST 12)
Mencap recognises the potential benefits of
enabling a limited number of authorities to trial new approaches
to school transport. Its purpose, to reduce numbers of children
going to school by car and the high cost of school transport,
is well understood. However, we are deeply concerned that issues
surrounding free school transport for disabled children are being
overlooked and that an unintended consequence of the draft Bill
could be to worsen the provision of this vital service.
TRANSPORT FOR
DISABLED CHILDREN—THE
CURRENT POSITION
Statements
Mencap believes that provision of free school
transport for disabled pupils should not be dependent on a Special
Educational Needs statement but on an individual's need. However,
it is the reality that a disabled pupil who lives within the walk
to school area cannot be guaranteed free school transport provided
by the LEA unless it is written into their statement. LEAs are
legally obliged to provide whatever is specified in part 3 of
a statement. Transport provision can also be made under part 5
of a statement but LEAs have greater discretion over the type
of provision.
There is growing evidence that LEAs are seeking
to reduce the numbers of children with statements. Under the current
system this could well mean that the provision of free school
transport for disabled pupils would be cut further.
It should also be noted that if a parent of
a disabled child chooses to send their child to a school other
than the one named in the statement, transport to the school of
choice does not have to be provided by the LEA if a closer school
were able to provide what they deemed a suitable education for
that child.
Quality of transport provision
Disabled children using transport provided by
the LEA may travel on school buses, service buses, minibuses and
in taxis. Calls to helplines indicate that the quality of this
provision varies greatly.
Journey times
Parents of children with a learning disability
often express concern about the travel arrangements in place for
their children, in particular the time it takes to get to and
from school. The Travelling to School: A Good Practice Guide (Department
for Transport, September 2003) states that the maximum travel
time should be 75 minutes. We do not think it is acceptable for
any child, and particularly a child with a learning disability,
to have to travel an hour and a quarter at the beginning and end
of each school day.
Inclusion in mainstream schools
Increasingly, children with special educational
needs are educated in mainstream schools. Travelling to School:
A Good Practice Guide says that LEAs' home to school policies
should take account of the needs of children with SEN so that
whenever possible they travel with their peers to mainstream school
unless their needs have to be met by specialised transport. Mencap
is strongly supportive of mainstreaming in principle but believes
transport for disabled pupils must be appropriate for the individual's
needs. Some pupils, in particular those with challenging behaviour
and more profound physical and learning disabilities, will not
be able to access shared transport and appropriate arrangements
to make sure their individual provision is safeguarded must be
made. The understandable desire to cut costs must not lead to
inappropriate transport provision and extending of journey times
to unacceptable levels.
THE DRAFT
BILL—MENCAP'S
CONCERNS
We want to ensure that this Bill does not in
any way worsen current transport provision for disabled children.
There is a danger that the lack of clear guidance about how LEAs
should provide for disabled pupils will exacerbate the current
trends described.
We would like the Bill to state explicitly an
LEA's responsibilities towards disabled pupils. Particularly,
we would like to see the following concerns addressed through
the Bill:
— Overall provision of school transport
for disabled children.
— Quality and appropriateness of transport
provision.
— Length of journey times.
— Discriminatory costs to families
of disabled children.
— Competence of bus drivers and escorts.
Overall provision of school transport for disabled
children
We would like to see a clear statement from
Government that the provision of free school transport for non-statemented
disabled children will remain so that if the LEA policy of reducing
the number of statements continues, it can do so in a climate
of trust.
The appropriateness of transport for disabled
pupils
We would like the Bill to state clearly that
school transport provision must be appropriate for a disabled
pupil's needs.
Length of journey times
We believe that the maximum aggregate journey
time going to and from school for disabled children should be
no more than two hours per day (ie one hour each way).
Discriminatory costs to families of disabled children
For those parents of disabled children who pay
for school transport provision, we would like it stated clearly
that they must not pay more than non-disabled children.
Disability equality training and police checking
for all school transport drivers and escorts
Provisions within the Disability Discrimination
Bill may mean that public transport providers and LEAs will have
to provide disability equality training for staff. However, this
is far from certain at this stage. We feel it is particularly
vital that those people tasked with driving or escorting disabled
pupils to and from school have received extensive disability equality
training and have been police-checked.
April 2004
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