EMA giving then taking away

novelli

does anyone have any experience of EMA and disabled students.

My son (17) has been attending a special residential school for over 5 yrs, he has a statement of special ed needs and has always been taken to the school and collected, its about 3 hours away, by a contracted school taxi. Another pupil who is not yet 16 also goes in the transport and there is an escort as wel as the driver.
In september the education authority wrote to me saying that he would have to pay £126per term towards the travel as he is now receiving EMA and has to pay it out of that.
Now at the time his EMA wasnt being paid, i told the LEA that i didnt feel that thats what EMA was for and in any event he wasnt yet being paid and as i am a single parent on benefits there was no way i could pay that in a lump sum, i told them that although i would be making enquiries as to whether it was correct that EMA was supposed to be used for this, i was willing to either make weekly payments myself until his EMA was sorted out, and then he could continue paying weekly once it was, as EMA is only paid weekly, not in advance. This was unacceptable to them as they wanted it a term in advance. I also suggested that for one weekend a term i would collect him from the school, thereby saving them more than £126, but that was unacceptable too.
Anyway cutting a long story short i have now had a letter stating that transport has been cancelled for him. This is despite my telling them that his solicitor was dealing with this issue (special ed lawyers), and they would be hearing from them.
Has anyone else been asked for this payment??? Whilst i am aware that the gov site does state that it can be used for travel (some of it), i do not feel that this is meant to apply in relation to special needs children and to bump up the coffers of the LEA. At the end of the day whether or not he goes to school the taxi will go as it has to take another pupil. I think our LEA have interpreted it incorrectly.
Certainly it shouldnt be paid in advance as EMA is not guranteed, its dependant on attendence and behaviour.
Does anyone know of other councils policies on school transport for special needs children over 16???
Whilst i now have the solicitor acting for us, i would appreciate any info on what happens in other areas with this situation.
thanks

Gemmzie

Surely his DLA should cover transport?

MrsManda

What level of education is your son studying at?
Is he entitled to Disabled Student's Allowance?
I think in order to take free transport away from him they'd have to change his SEN. Unless the SEN runs out at 16 at the end of compulsory education and he has to have another one?
If he's getting EMA then he's either classed as a student and should still be under the agreement of his SEN. I think.
Good luck.

novelli

Mrsmanda wrote: »

What level of education is your son studying at?
Is he entitled to Disabled Student's Allowance?
I think in order to take free transport away from him they'd have to change his SEN. Unless the SEN runs out at 16 at the end of compulsory education and he has to have another one?
If he's getting EMA then he's either classed as a student and should still be under the agreement of his SEN. I think.
Good luck.

I dont know if he is entitled to disabled student grant, its something im looking into.
I also think that his SEN would need to be changed before they could do this, but they dont agree, one comment was "it doesnt matter what it says in the statement, this is our p[olicy once they get to 16" as someone who fought tooth and nail for the correct wording etc in his statement, i know what a rediculous comment this is, which is why i have had to call in the lawyers.

DLA is not for school transport, it is for the extra costs associated with being disabled. He would need the transport for school whether or not he was disabled.
Would be very interested to know what other councils policies are on this if anyone knows.
thanks

Magnolia

There are lots of things to consider in this one.

From the EMA site

EMA could help you with the cost of books, travel, equipment or anything useful to continue learning.

http://www.direct.gov.uk/en/EducationAndLearning/14To19/MoneyToLearn/EMA/DG_066945

16 (full term at our college) weeks of full EMA adds up to £480 so £126 for transport still leaves him with £354 for equipment and other needs. Plus the £100 performance bonus paid in late January and July will top up for anything else required. Not a bad offer really.

Essentially what you are talking about is double funding. Funding from the government in the form of EMA and funding from the LEA for transport. EMA is for transport. You cannot have it both ways.

People forget that once a child reaches the age of 16 then compulsory education is no longer a requirement. The LEA is not required to provide transport to anywhere.

Also - if there is another place of education that offers the same course nearer to you then they wont pay for transport to somewhere further away.

Hope your legal eagle sorts it out but I do have to say that being SEN isn't a given that the government will continue to pay.

We fought long and hard for Equal Ops so why should someone with SEN get preferential treatment

novelli

"People forget that once a child reaches the age of 16 then compulsory education is no longer a requirement. The LEA is not required to provide transport to anywhere."

But thats just the point, they do, as he has a statement that agrees to funding for his special school until he is 19.
:rolleyes:

Magnolia

Aha! You never said that one - But if he is entitled to EMA then that is the source of funding for transport.

I think they funding they are talking about is his school fees. It does sound like a double funding issue.

Is there another place of education nearer to you that he could attend?

novelli

No theres no other suitable establishment. He requires very specialist schooling. The LEA wouldnt have been paying the high fees if they didnt have to, but theres nowhere else nearer. Even if there were somewhere nearer they would still be requesting the £126 per term. Were he not a child with SEN he would be able to maybe get a part time job but he cant due to his learning difficulties. Having looked at other council websites it seems that others have a seperate policy for SEN on low incomes.
Are there any other SEN students around who have experienced this??

Magnolia

We have one SEN student in our college (North Yorkshire) who has fought and won the transport battle but to be honest I do not know if he is on EMA or not. He is also attending his nearest college. The LEA used the over 16 argument but relented in the end as the student would be unable to use public transport unaided.

I still think there are double funding issues here and that may be their argument.

novelli

Do you have any idea on how he managed to win the battle!!! and which authority it was in?
thanks

Magnolia

Persistence from parents and at the nearest college - Thinking about it I don't think he gets EMA so that might have been in his favour.

LEA is North Yorkshire.

One thing you do have to remember is that your son is already being funded for transport through his EMA.