Policy for Post 16 Home to School/College Transport for Young People with Learning Difficulties

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Policy for Post 16 Home to School/College Transport for Young People with Learning Difficulties

April 2011

Policy for Post 16 Home to School/College Transport for Young People with Learning Difficulties and/or Disabilities

Consultation Report

Consultation Questionnaire Findings A questionnaire was sent to all parents and carers of children and young people with Learning Difficulties and / or Disabilities and also made available via the Gateshead Council website. A total of 48 questionnaires were received. Findings are outlined below. 1. Eligibility

Do you agree w ith the eligibility criteria?

30 25 20 15 Do you agree w ith the 10 eligibility criteria? 5 0 YES NO No answ er

Yes – 27 (56%) No – 20 (42%) No answer – 1 (2%) Additional comments Each individual has their own specific needs therefore whether it be mental / physical, each individual would not have to be put into a category. Each case should be assessed individually. Just because a disability is not ‘severe’ or ‘profound’ it does not mean that it is not debilitating. Should be based on the individual and their abilities. Hope this includes children and young people with Autism. Should include students with moderate learning difficulties who are deemed vulnerable and without capacity to cope with any unforeseen circumstances that could potentially arise during their journey to school /college. Safety is important when they would need to cross busy roads. Simple statement - Is it SAFE for this young person to travel unassisted? Eligibility is minimal – not enough information to make a decision. Don’t agree with means testing.

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There should be a compromise over the burden of costs of attending a provider that is further away. Travel should not be taken away because of the chosen education provider. Students should not be expected to attend the nearest college to them just to save on travel costs – maybe the price difference could be worked out and the parent / carer pay the extra? It’s not just about comparable curriculums but you also have to consider suitable environments and appropriate levels of trained support. Independent travel will be fraught with dangers, anxiety and an absolute nightmare for many families. ‘Severe learning difficulties associated with autism’ potentially eliminates a lot of learners with ASD where it is their anxiety and problem solving skills that cause a barrier to independent travel. Point 13 in the draft policy – this is ambiguous; it should be removed or examples of ‘any other factors’ given. Point 13 – I do not agree with the wording ‘prior to the application’. Surely the advice from the SW/teacher/carer should suffice? Alternative options – what are the options? Please state them so the process is seen to be transparent or is this veiled speech in an attempt to include people’s mobility allowance? Please provide clarity. 2. Assessment Arrangements

Do you agree w ith the assessment arrangements?

40

30 Do you agree w ith the 20 assessment arrangements? 10

0 YES NO No answ er

Yes – 35 (73%) No – 12 (25%) No answer – 1 (2%) Additional Comments Will someone be available to let us know what reports e.g. educational psychologists / social services etc parents need to collate when submitting a request for transport? Proof of eligibility should be the joint responsibility of the parent / carer and to some extent the LA, in terms of giving advice about how to access information e.g. from the local transport authority i.e. I would hope the council would have a friendly, inclusive approach to eligibility and assessment. Ed psychs do not often see the child for months and years so they cannot comment – not every family has a social worker – what does the transport authority know about specific young people and disabilities?! Families will be given extra stress – 10 days is not long enough by any means – poverty is rife in these families – this will make them worse.

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Reword point 15 to read ‘it is the responsibility of the parent to obtain any additional supporting documents and to submit it to the LA with the application’. Just because a school / college is closer to the child’s house doesn’t mean the school / college is suitable for them. A young person with disabilities and / or complex needs should always have an escort to help whenever needed. Every agency needs to be involved as needs change from day to day. Form to be filled in from time to time to be kept up to date. Do we have LA assurance that all additional reports will be fully considered? How will parents know what information the LA has and what additional information the parent may have to submit? There appears to be no provisions within the assessment taking into consideration other commitments of parents/carers e.g. other children, caring of relatives, employment status of parents. I also feel that 15 days is insufficient time to mount an appeal. The legal norm is 28 days? While the young person is in education or training, they should receive transport. Don’t agree with means testing. I agree as all students have different needs. The complexity / time of travel routes should always be taken into account. 3. Appeals Process

Do you agree w ith the Appeals process?

30 25 20 15 Do you agree w ith the 10 Appeals process? 5 0 YES NO No answ er

Yes – 30 (63%) No – 17 (35%) No answer – 1 (2%) Additional Comments Don’t agree that appeals should only be considered by the Director of Children’s Services or their nominee. They should be considered by a panel made up of some members who are independent from the LA. If the appeal is not heard by the Director the nominee should be independent of the department that refuses transport. No one person should have the power to make such life defining decisions. I refer you to December 2001 when the LA was legally challenged over decisions made by a director. The LA then appointed a committee of councillors to consider appeals. I suggest you reconsider your process in light of that decision.

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An application should only be refused if the LA can demonstrate or have evidence that the young person can travel independently to a suitable educational facility. As long as the significant change in circumstances is not too severe or strict. Special circumstances are not taken into account. The appeals process needs to be done months if not weeks in advance before they start school / college – within the 6 weeks holidays etc. Where an appeal is heard, it is important that the applicant is allowed an opportunity to be heard and have a discussion upon the reasons why their case has been unsuccessful. There should be an entitlement to a ‘hearing in person’. Many children’s families with learning difficulties may also have literacy problems themselves. Appeals should be completely neutral. An appeal should be in person. What happens during an appeals process? The young person will be missing college etc causing more stress anxiety for the whole family. You should always have the right to appeal a decision. Parents should be included when making decisions on travel arrangements. 12 months is far too long (to be able to apply for a further assessment). Would the Parent Partnership Officer automatically be notified of any appeal so that they could offer support to the parents? 4. Other Types of Travel Assistance

Do you support the increased use of Public Transport?

30 25 20 15 Do you support the 10 increased use of Public 5 Transport? 0 YES NO No answ er

Yes – 27 (56%) No – 13 (27%) No answer – 8 (17%)

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Do you support the increased use of Pick up points?

30 25 20 Do you support the 15 increased use of Pick 10 up points? 5 0 YES NO No answ er

Yes – 30 (63%) No – 12 (25%) No answer – 6 (12%)

Do you support the increased use of Direct Payments?

25 20 15 Do you support the increased use of Direct 10 Payments? 5 0 YES NO No answ er

Yes – 22 (46%) No – 10 (21%) No answer – 16 (33%)

Do you support the increased use of Travel Training?

40

30 Do you support the 20 increased use of Travel Training? 10

0 YES NO No answ er

Yes – 31 (65%) No – 11 (23%) No answer – 6 (12%) Additional Comments These are dependant on the individual. Some types of assistance are not applicable. Every person is different. Changing drivers / escorts / companies is very unfair as most

5 of 13 April 2011 need routine. How can you price a quality of life?! WHERE APPROPRIATE. If travelling a substantial distance the option of being transported needs looked at. Make sure that the benefit is for the young person, not just a cost / energy cutting exercise. If the young person cannot manage they must be allowed transport. Also these arrangements must be regularly checked and assessed. I’m not aware of Direct Payments?! Direct payments are often difficult to access and are advertised as for leisure etc – school / college is not for leisure. My child’s safety comes first and under no circumstances will she ever travel alone on public transport. My concern is that these children are vulnerable and may not be able to travel alone safely; they may get lost or suffer abuse from others. This could put the most vulnerable young people at risk. Not sure if this will be used to push vulnerable young adults into inappropriate public transport My son would not be able to cope with any of this. You would add extra stress to the whole family! Some families would find pick-up points impossible due to personal circumstances e.g. siblings etc. I am open to my severely autistic son receiving independent travel training but will the council be flexible enough to reconsider transport for him if it doesn’t work out or would we have to wait a further 12 months before a further assessment? Some students already get travel training at their college. Other Suggestions The LA should liaise with Nexus to deliver disability awareness training to drivers. Consider annual events for parents to meet transport companies / drivers. Leave the system as it is and have a voluntary ‘nominal’ daily rate for travel towards costs of escort etc e.g. 50p - £1.00. Use LA vehicles with part-time drivers. Instead of using lots of taxis, would it be possible to use one school / college bus with local pick up points? Could taxis be shared between different educational establishments? Buddying up with other college users. Gradually reduce transport i.e. start off 5 days reduce to 4, 3, 2, 1 day etc as the student progresses and their parents gain more confidence.

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5. Independent Travel Training

Would you support your young person taking part in independent travel?

20

15 Would you support 10 your young person 5 taking part in independent travel? 0 YES Possibly

Yes – 18 (38%) No – 16 (33%) Possibly – 10 (21%) No answer – 4 (8%) Additional Comments Will cause far too much stress, he cannot be left alone. Would like to see my daughter attend as it would be a good experience for her, but her condition means she’ll never be able to travel independently and my worry is she’ll be pushed into this once she’s done a course. My young person is completely unable to travel independently no matter how much training he has. If a learner does the journey once it does not necessarily mean they can cope with doing it every day. When we think the time is right, however this would be for emergency only as he would have to be accompanied. I think this would be good for the able bodied and give them the confidence to go alone. Timing is crucial – our experience of work with Year 9-12 pupils suggests supported work appropriate to individual is best. Training should be appropriate to an individual’s ability and needs. Who would be responsible for any failures?

6a. Contributions to Costs

Do you agree w ith asking all students to contribute to costs?

25 20 15 Do you agree w ith 10 asking all students to contribute to costs? 5 0 YES NO No answ er

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Yes – 18 (38%) No – 25 (52%) No answer – 5 (10%) Additional Comments Surely it has to depend on personal circumstances? If the family could afford it. Don’t feel parents / students should be penalised for needing education further away from home. Families of disabled children are recognised as the poorest in society – this would make them poorer and lead to further exclusion not inclusion. The money my son gets from DLA is not even enough to help with the additional costs of being disabled. Too many students expect things for free. It would help with budgeting skills. Will it be means tested? There will be an number of students 19+ who have/had statements are in receipt of DLA and assessed on their own income will fall into a low income bracket whereas their parents are in a high income bracket whilst some students under 18 will be assessed on parents income only. How will monies be collected and when? Many of our young people are from lower income families and would find it difficult to pay in one or more large amount. Could payments be made via direct debit or other benefits a parent receives or via social services through a personalised budget? If a charge was implemented it should not be dependent on distance travelled. Where students have been awarded the mobility element of DLA, they should expect to contribute to their travelling costs. Contributions can be made if the young person receives mobility disability allowance. Helping with costs will still get the student to and from college each day. This ought to be no more than pre-16 fare. 6b. Contribution towards costs if receiving Disability Living Allowance

Do you agree that those students w ho receive disability living allow ance should contribute to costs?

25 20 Do you agree that 15 those students w ho 10 receive disability living 5 allow ance should 0 contribute to costs? YES NO No answ er

Yes – 21 (44%) No – 23 (48%) No answer – 4 (8%)

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Additional Comments No, I use this to withstand additional costs such as particular foods / general living costs which are beyond the norm. They could be asked to contribute from the mobility allowance. However, if they have additional mobility needs which have considerable costs, they should not be required to contribute from the basic allowance. This is a ‘living allowance’ which is used for additional equipment, clothing, specialist food etc. DLA is a non-means tested benefit – this could open it up to other services if a stand is not made. The government should give a separate allowance for school (and college) travel. Just because the council has to make cuts why should disabled families have extra costs? Everyone has to budget and this would make the young person respect and value money. Would the amounts contributed be the same or means tested depending on whether or not mobility is paid? Many families use this benefit towards the cost of a disability car – what happens in these circumstances? Will the parent / carer be expected to use this car to transport the young person to and from their placement or will they merely be asked to make a financial contribution to transport provided by the LA? If the argument is over the use of a leased car, I refer you to the Motability rules that allows the use of other family members/carers in the pursuit of normal activities and that includes to and from employment i.e. not solely for the use of the disabled person. Only if they receive the higher rate. Yes, maybe pay half fares. 7. Helping reduce Environmental Damage

Do you agree that w e should consider the environment w hen making decisions on travel assistance?

40

30 Do you agree that w e should consider the 20 environment w hen making decisions on 10 travel assistance? 0 YES NO No answ er

Yes – 31 (65%) No – 11 (23%) No answer – 6 (12%) Additional Comments Surely the education of a special needs young adult is more important than the minimal damage their transport causes the environment. It is already fairly well accepted that the authority will only make one drop off and one pick up per day. It is sometimes the physical environment of the establishment and / or peer group that is as important as the course itself and this needs to be taken into consideration

9 of 13 April 2011 when requests are received for transport to colleges other than Gateshead. Yes…but not at the cost of safety. Help the environment yes – but not at the expense of this vulnerable group of people. There are more important considerations in this vital area than to waste precious limited resources on such a negligible environmental impact. Electric buses should be introduced. Provide autism provision in Gateshead then they won’t have to travel outside of the borough as much. The newly built Gateshead College has no provision for students with autism… Other Ideas – can you suggest any other changes in the way the council assists with travel that would be more efficient and reduce wastage? You should put on one big bus that goes to all the areas and picks all the kids up where they live so that you have 20 kids on a bus – it won’t cost as much. Better planning of journeys to take more pupils from similar areas to similar locations. Negotiate one contract for Gateshead with one carrier. By not employing extra people to oversee the implementation of ‘assessing’ eligibility and all other clerical / managerial work these additional arrangements for ‘applying’ for transport will cost. Don’t waste money by reviewing annually. In your own words only the most severe and profound disabilities will be granted travel. These young people do not gain independence in leaps and bounds therefore if travel is granted it should be for the duration of the college course. Lose the yellow quayside buses – waste of money – or use them in some areas instead of minibuses with extra escorts. Use video players on buses as an advertising opportunity – firms and businesses to pay for the use of this great advertising facility and council recoup a lot of money to plough back into services. Fleet of electric cars or LPG. Cut the big wage bill within the council and get rid of the top earners. People who receive the high mobility rate, and use this benefit for a car, should then use this car to transport the child – not to be used as transport for themselves to work or for shopping / leisure activities. Car sharing – mileage payments. Using parents / carers – mileage payment. On occasions I have been available to escort my son to school, especially when his epilepsy is bad but cannot get on the LA approved transport to care for him. I understand the reasons re getting all other parents permission but if this was obtained then why not? I think the service is as LEAN as it can be; in fact a lot of children are late due to the number of pick ups some taxis have to do already. Use volunteers to drive vehicles and support our special needs and vulnerable YP in getting to and from schools and colleges. Do not let people abuse the system. There are individuals who must have assistance. Any other comments or suggestions I urge you, in terms of evaluating priorities, to consider the reality of the fear, shame and pain a young person can encounter on public transport, when having medium to severe

10 of 13 April 2011 problems / needs. All I ask is that you ensure that a young person can definitely travel independently without feeling all this, even before getting to college. It can be so excruciatingly difficult, please don’t make it so much harder if there could be more compromise. Gateshead Council has always been a good support to me and I have felt cared about. I’m grateful for that; it enables me to live a decent life (whilst the difficulties don’t go away) with my vulnerable, frightened son. It’s been good to have some input. Why should disabled people be hit because of your cuts? You should be helping the disabled, not breach their human rights. I do not agree with this draft and have shown it to several people who work with autism adults and it is wrong. This is a terrible idea. What if a person doesn’t want to go to the ‘nearest’ college – no choice! What does a person do between bus times? Prone to dangerous situations and made even more vulnerable. Sometimes a college day is 1-2 sessions only – unacceptable waiting times. Increases vulnerability, stress and anxiety – bullying! Independent travel not physically, emotionally, developmentally possible for many – lots of extra stress added to already stressful enough lives – discrimination! The consultation period is not long enough and not well advertised – many parents unaware of proposed changes. Meetings arranged during half term – not realistic or deliberate? Cost of training enormous – what experience do trainers have? Safety of vulnerable people compromised! What happens in bad weather, when timetables change etc? Confusion, anxiety, vulnerability, stress! Young people with learning difficulties / disabilities have it hard enough – why make their lives even harder? Many parents of our statemented children are of low ability / elderly / in poor health themselves and may find it difficult to understand / accept reasons for independent travel training or the students ability to travel or do anything independently, and it is unlikely they would be able to support the young person. It would be unfortunate if a young person could not progress to an appropriate course because parents / carers keep them at home if transport is withdrawn in these circumstances. If this borough cannot / will not provide suitable education surely you are duty bound to provide the transport into the borough that does. Gateshead council should take ESPA college as a role model for supplying post 16 education specifically for autistic adults. An autism specific centre needs to be established in Gateshead and not just a spare room in a mainstream college. Post 16 is a challenge in itself. Parents and children fight for their right within the school bubble yet leaving school is a daunting process. The less hassle worrying about travel the better. My son is currently at Dilston College where he has 1:1 support for his education and to monitor his seizures. The staff there are trained to give him emergency medication and he is never left alone. His last school could not give this care and their easy option was to keep him in a wheelchair constantly. He is happier now than he has ever been. Please don’t make him go somewhere else all for the sake of money. I am a single working Dad and we’re only just making ends meet. Thanks for currently providing home to college transport for our son, we really appreciate it and basically I don’t know how we would get him to college if this was not available.

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The following views were gathered from parents / carers and professionals at the Disabled Children’s Forum on 9th February 2011.  Concerned that the policy will only cover if child goes to a local provision which may not be appropriate for the child and may influence which college is attended.  Who is going to train these students? Is it by schools or Nexus? What if learner is still unable to travel independently after completing a programme of training or they cannot complete the training because of their disability.  Students may be expected to contribute to the cost of travel at a weekly rate, will this take into account DLA mobility rate?  The policy seems to be removing the choice of where the student is educated by only supplying transport to the nearest suitable placement - not always the best.  Why 16? The child has the same need as they had prior to 16.  Any information required by the LA has to be obtained by the parent.  Some young people will have problems using public transport due to: - Time of journey and distance to travel - No. of buses to change onto - Distance to bus stops - Medical needs/ toileting needs. - Other public transport users - Delays - Stranger Danger - Anxiety - Weather - Communication difficulties  Children may only have one lesson in morning then one late afternoon.  Appeal process - who will provide transport in the mean time?  Transport to respite – is this included?

The following views were gathered from parents / carers and professionals at two consultation meetings held on on 28th February and 1st March 2011.  It is important to take into account that parents cannot work as they need to be there for their child and the additional costs the benefit covers.  Within adult services there is a single charge per journey e.g. transport to day services.  Views on charges – this is the fairest way to do this.  Concerns regarding pick up points due to some public bus services which have been cut.  Concerns regarding potential harassment and abuse from other students.

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 Is there potential to use minibuses from other organisations using retired drivers e.g. leisure centres etc?  Could alternative education be brought in to local areas offering accredited courses such as Asdan, Skills for Life etc?  Could mentors promote travel training as part of the young person’s transition plan?  Maybe parents could pick up at colleges earlier and after.  Use only one criteria for transport for special schools.  Criteria would need to be reviewed and published annually.  Appeals – face to face – an advocate could maybe put the case forward 18+?  Charges are unfair if a person lives further away.

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