Q:

LA has agreed to EOTAS (involving tutoring, educational provision at an equestrian centre, and clinical psychology support). I have asked for transport costs - my car mileage - in taking my 13 year old child to and from these places. She has severe SEMH needs and will not allow anyone else to transport her. Is there law to support me claiming my car mileage; and can this be written into her EHCP? Many thanks.

CD

Cherry D
Parent
08 Jul 2022
Watched by 3

A: SenseCheck

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  • 1 No
  • 1 Other

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  • 11 Jul 2022
  • Other

    Other

    Can't answer yes or no.:

    Transport is always going to be tricky. The case law creates the possibility that transport could be educational – but I am not sure that the facts given would support this assertion.

    Maybe the best starting point is to point out that the LA has a discretion in this regard, and the guidance confirms that it is down to them how to exercise it:

    Para 37 of the Statutory Guidance

    https://www.gov.uk/government/publications/home-to-school-travel-and-transport-guidance

    The strong argument being that this package has been agreed by the LA. The amendments in the EHCp would be to the budget in (section J) 

    You could then point out that this child seems to have a statutory disability and this would be a reasonable adjustment (auxiliary aid/ service) as she needs to be able to avoid the disadvantage she is subject to is she travelled alone per section 20 The equality Act 2010.

    Mandy Aulak

    Mandy Aulak
    Talem Law - www.talemlaw.co.uk

  • 1 Comment

  • 08 Jul 2022
  • No

    Other

    No, transport is dealt with separately from EHC plans, you can contact the transport department at your council for assistance. If the LA have agreed to EOTAS on the basis above, I would assume they believe it is the nearest, suitable 'setting' and so the transport department should be able to assist.

    Guv Samra

    Guv Samra
    Shoosmiths

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