Bristol Home to School Transport Row Erupts Over Potential Unlawful Charges
A row has broken out in Bristol over suggestions that families may have to pay for pupils with Special Educational Needs and Disabilities (Send), to use Home to School Transport (HTST) despite it being unlawful to do so.
The hint that changes to policy alongside budget cuts reared its head at a Budget Scrutiny Meeting at City Hall this month, two weeks before the Full Council Budget meeting.
Local Authorities have a statutory duty to provide transport to school for all ‘eligible children’ of compulsory school age. When it comes to Send, transport arrangements have to be made for all children who ‘cannot reasonably be expected to walk to school because of their mobility problems or because of associated health and safety issues related to their special educational needs (SEN) or disability.’
Under this criteria, statutory walking distances should not be considered when assessing the transport needs of children eligible due to SEN or disability.
However, Bristol City Council has been far wide of the mark when applying this criteria to families in the past, rejecting transport applications from families of disabled children who were unable to get to specialist provision.
A critical shortage of specialist school places has seen pupils forced to travel long distances and to other LAs to access education. Without HTST, many would be unable to access education at all.
Budget cut recommendations to Full Council aims to ‘drive’ five per cent efficiencies from third party supply contracts within HTST provision. The proposal would see the current HTST framework agreement decommissioned, with a new Dynamic Purchasing System framework implemented. The identified potential saving would be £284,000 for the 2022/23 budget.
But the Equality Impact Assessment (EIA) states: ‘We plan to review the support available for independent travel training and co-develop services with parent/carers that support greater independence for children in everyday travel to school, reducing the need for travel by taxi where appropriate.’
It also says: ‘Children with SEND will have more reliable service through the DPS; they will be supported to develop independent travel skills for life. This does mean that they would come out of taxis and into sustainable transport when they are ready.’
With concern expressed in Cabinet papers for some time over escalating costs of HTST for Send pupils, alongside historic refusals to provide the service for eligible families, the proposals are meeting growing concern in the Send community about the impact on disabled families – especially with the council making decisions on who would be independent enough to no longer require travel support.
In the Resources Scrutiny Commission Comments Paper on 2022/23 Budget Proposals, which went to Full Council, discussions minuted from the meeting said: ‘There was a discussion around the savings in Home to School transport commissioning – £284k savings and it was confirmed this was in relation to third party spend. Members were advised that the policy and efficiency savings around the Homes to School Transport would be revised; that affordability of any proposed contributions would be considered and this would be consulted upon. Members were advised that the home to school transport was a combination of private hire and buses, and that occupancy of seats could not necessarily be optimised for different reasons, which included a young person’s needs.’
At the live streamed Budget Scrutiny Meeting of the Resources Scrutiny Commission on 01 February 2022, Councillor Tim Rippington raised a question about the HTST savings asking: “I just wanted to check £284.000 pounds worth of savings, is that entirely made from the drive to make the system more efficient or is there also some saving bill in there for changes to the policy of how that works, because Asher, you mentioned something about that yesterday and I was a bit concerned about that to be honest?”
Asher replied: “So again, I’m someone who looks at best practice in or good practice in other Local authorities and I’ve spoken to my counterparts in a number of authorities through the LGA. So I’ve yet for the staff to come back to me with the revised proposals. So we are looking at revising both the policy as well as looking at the you know the the efficiency savings that could be made when we recommission out the school home transport policy.”
Rippington continued: “But can I just check that the savings we’ve got in the budget for this year don’t take account of any changes of policy, they’re purely based on efficiency savings in terms of combining things, is that right, so we can have a conversation about changes to policy at a later date?”
Asher Craig responded: “Yes they are, they are. Oh yeah absolutely.”
Alison Hurley said: “Yes, just just to confirm it’s it’s in relation to third party spend.”
Asher Craig: “But i am always looking at other ways to be efficient so…”
Tim Rippington: “Yeah just as somebody who used home to school transport for a long time I know you mentioned something about contributions from people yesterday.”
Asher Craig: “I did but the contribution would would be, where I’ve seen it at work and it seems to work well in other Local Authorities, it would only be for those for those who can afford it…there would be…it’s all about affordability.”
Tim Rippington: “Right okay yes, I know often parents and children with special needs work less hours because of the, you know, the difficulties of getting their children to schools further away and and having to look after them more, not able to leave them on their own after school that kind of thing. So they quite often are the people least able to afford the contribution.”
Asher Craig: “We will consult.”
But the exchange prompted discourse on Twitter regarding the illegalities of charging eligible families for HTST.
Sally Kent from Bristol Send Justice Tweeted: ‘Law says home to school transport must be free – don’t waste money on consultations get legal advice. Attack after attack after attack on Bristol SEND Community.’
Asher Craig replied: “I’m very much aware of the legal requirements. I have asked officers to look at other LA policies and any proposed changes will be discussed & agreed with parent groups. The costs are unsustainable & funding is insufficient given growing demand. Doing nothing is not an option.”
Eleanor Wright highlighted laws surrounding a Local Authority’s statutory duties, Tweeting: “The point is that councils have a duty to provide home to school transport to those who are eligible and cannot change that duty, no matter how much they consult. The answer is to push for adequate funding, not to break the law.”
Disability activist Lee Starr-Elliott warned: “Attacking disabled and send children and their families on top of the already financial hardships and cuts mated out by gov is a low blow @CllrAsherCraig the disability community and its children will fight back!!”
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