Special Needs parents to take The Dean Trust to court over bussing out row

Seven families who have children with special needs due to start at Ashton-on-Mersey school in September, are to take The Dean Trust to court over its plans to bus their children from the school to Broadoak School in Partington.

They are among approximately 20 families who were told that their children will register at the high achieving and in demand AoM school, but would be taken by bus six miles away each day and brought back in time for the end of the school day.

A letter was sent to them in April outlining the proposals which the school said they were considering because they no longer had enough resources to cater for any more SEND – special educational needs and disabled –  children even though they are legally bound to accept those where the school has been named on their Education Health Care Plan. Both schools are part of The Dean Trust which is subject of the judicial review.

In a further development Sale Today believes the school has invited parents to meet them on Thursday to discuss  the children’s “secondary school provision.”

Today’s news comes after weeks of discussions between the Department of Education, the Regional Schools Commissioner and the Trust.  A meeting between the Trust and Trafford Borough Council was also held this week.

With just over a month to go to the end of the school year, and with the vital transition days all year six pupils have in their chosen secondary schools happening from this week, some parents are now concerned about the effect on their children.

One parent said: “The  transition day for all pupils is at the end of the week but special needs children are allowed to have four to five other transitional days but we haven’t been told anything. It just isn’t fair on them or us.”

James Betts, a specialist Education lawyer at Simpson Millar solicitors, has been instructed by the parents to challenge the Trust’s decision.

He says: “On behalf of the parents, we have now secured public funding to challenge the proposal made by the Dean Trust, and have issued a judicial review application in the High Court. For these children who are only months away from starting a new school, this is an urgent issue and we have asked the court to help resolve it quickly. The court has ordered that a hearing should take place before 29 August.”

Earlier this month, Simpson Millar issued a pre-action letter to the Dean Trust – setting out arguments why its proposed plan to move the children is unlawful. But the Dean Trust maintains its position to transport the children by bus, each day, to a different school than the one named in their EHC plan.

James says: “I firmly believe that what the Dean Trust is proposing is against the law. It is crucial that we get this issue clarified by the court so that no other parents will have to face a similar scenario in the future.

“Allowing Trusts that run a chain of academy schools to move children around to suit the organisation’s needs rather than those of the children is a dangerous road to go down. This could open the door to other similarly creative policies in the future.

“These families and their children are in a state of limbo; surrounded by confusion and uncertainty. I only hope that the court will find in favour of these families in time for the children to enjoy their first day of school.”

Sale Today is seeking comments from other parties involved and will update when we have got their replies.