Complaint

A parent of a 4 year old girl, with Down Syndrome, submitted a complaint regarding the actions of the DES of Education and Skills refusal of the school transport application for the child to travel to a special school for the 2010/2011 school year. The parent advised that the application was refused on the basis that there was a nearer school available. However, it was contended that her daughter may not be able to access health therapies in the nearer school and that a special sign language system was also required for her daughter, which was consistently available in the school identified by the parents.

Examination

The investigation focused on the actions of the Department of Education and Skills (DES), as well as the School Transport Appeals Board and also the HSE.

The DES advised that school placement is a matter of parental choice and that school transport is provided to the nearest school/special class or unit that is or can be resourced to meet the child’s special educational needs. The investigation established that the sign language system was available in both schools. However, the Office raised concern regarding the DES’ view that the availability of the sign language system is not a determining factor in school transport applications.

Based on a previous investigation by this Office, the Department had accepted a recommendation that the School Transport Scheme should be revised to make available concessionary transport for children with special needs in certain circumstances. The DES advised that this would be put in place by the 2011/2012 school year.

On investigating this complaint, the Office found that the DES’s actions in relation to the decision regarding the school transport application did not come within the ambit of Section 8 of the 2002 Act. However, a finding was made that the actions of the DES not to consider concessionary school transport until the school year 2011/2012 was contrary to fair and sound administration. The Office noted its concerns that the contentions raised by the parents were not comprehensively considered or responded to in the school transport appeals process.

The investigation established that the HSE could have made the required provision available to the child in the nearer school, and no findings of unsound administration were made regarding their actions.

Outcome

During the investigation the child was granted concessionary school transport to the school the parents had selected.

Posted in: Investigations Transport