How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask RJM Law Your Own Question
RJM Law, Lawyer
Category: Law
Satisfied Customers: 3776
Experience:  LL.B (Hons)
Type Your Law Question Here...
RJM Law is online now

Requested school transport for a profoundly deaf 3 year old.

This answer was rated:

Requested school transport for a profoundly deaf 3 year old. Rejected on grounds of not statutory school age, but specialist provision not available locally. Journey by public transport is 2 buses each way @ >1hr (4+ hrs per day for mum who has 3 other kids & can't hang around al day) Is there a legal challenge based on child's human rights?
JA: Has the specialist talked to a lawyer about this? What country does the specialist live in? If different, what country does this legal question relate to?
Customer: London, UK Specialist teacher of deaf, and Speech Therapist in agreement re school.
JA: What steps have been taken so far?
Customer: Application in May. Rejected. Appeal from keyworker and also from Teacher of Deaf in June, had to be resent Sept and again in Nov as LA ignored. Appeal rejected. Social Worker says "will escalate".Mum has permission to re-appeal, Keyworker has clarified this is a 2nd appeal to be heard by independent panel (not clear in rejection letter)
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Child has cochlear implants. Not using any formal communication/ language, risk of missing key developmental stage for communication. Also susceptible to febrile convulsions; had many in 2020, clear for a year until last week ,had one on return home from bus. Risk of infection on busy London bus?(this is speculation but risk of losing access to essential teaching not!)

Hello, and thank you for choosing our service today.   I am the expert who shall assist you with this matter today.

Please note that our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.  If you do not receive a response immediately, please be advised you will receive one by the end of the day

I will be able to provide you with guidance in relation to your question.  However please note this does not form a professional client relationship and we cannot provide representation, however, I would be hopeful that my guidance will be able to assist you.

Thank you

Customer: replied 9 days ago.
Customer: replied 9 days ago.
No - I don't mind spending £5 of my on money to get an expert opinion to inform my next appeal for this family but the NHS doesn't pay me enough to want to fork out more; I just want some advice which could add legal clout to the 2nd appeal. I can quote the UNCRC but I'm not sure this will provide sufficient push to the local authority
Customer: replied 9 days ago.
Will your comments be emailed to me or do I need to hang about on the website?
I can also add that the parent has not spoken to a lawyer - she has no spare money and her english is poor - dad is off he scene and not paying any child maintenance (tho this might be resoled through the involvement of the CMS)

ThankThank you for the question.   I am sorry to hear about this.  They may be required by law to do this even if the age does not qualify under the Equality Act based on reasonable adjustments.   i.e. implementing procedure that does not apply to everyone in relation to a disability.  However that would require to be legally determined.   However this is a process to follow prior to considering legal action. If you have an issue with the school (or organisation) itself, the first thing you require to do is raise an official complaint with them.  You will require to see this process through to exhaustion as well as any appeal procedures that may be in place or offered.  In addition to this, if you are not satisfied with the remedy achieved via these processes you can escalate your complaint to the government’s department for education who can act like an ombudsman and do an independent review into the matter.  If you have incurred any losses as a result or feel there has been a (legal) discrimination, you could look at additional legal action for these if you feel that route is necessary.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (England) (Scotland) (Ireland) (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

RJM Law and other Law Specialists are ready to help you
Customer: replied 7 days ago.
Where is the response? How do I get to it?
Customer: replied 7 days ago.
I already declined the offer of paying an additional £44