Haringey SEND Transport: 17 year old obnoxious diesel fume spewing death trap on wheels - and Haringey knows it

My son has been diagnosed by the world renowned experts at Great Ormond Street Hospital as having a severe medicine resistant epilepsy that is can be triggered by heat, among many other complex health conditions. He is unable to communicate his needs as he cannot talk and has very severe learning difficulties. 

This means that in the space of his short life he has been on life support three times and has needed resuscitation three times. On one occasion this was done by his mother. During the summer months he tends to have more and more seizures and we have been told by the safeguarding doctor from Whittington Health Islington that he is at risk of sudden adult death syndrome.

Last year we worried that we would not survive the extreme 40 degree heat and it was at that time, mid-July 2022, that the manager of Haringey SEND Transport wrote to us and told us there was no air-conditioning on our son's SEND Transport bus. He offered to reimburse us the cost of taking our son to school ourselves via taxi. The heat was so severe we decided to keep our son off school and keep the house as cool as possible using air-circulating fans and a paddling pool.

It was awful and both I and my son became unwell. I had heat stroke and my son had a seizure. The magnificent Mrs Leveson got us both cooled down using the bath for our son and putting me in our paddling pool!

This year we have kept the house cool using air-conditioning units bought in January (when they weren't so expensive and there wasn't so much demand for them).

For the last few years our son's SEND transport provision has been a 17 year old white VAUXHALL diesel fueled minibus that replaced the new one that was procured in 2019 following our previous SEND Transport palavers. See this blog from May 2019 - https://www.difficultparent.com/the-wheel-s-on-the-bus-don-t-go-round-and-round

At that time, 2019, we asked what the age minibus should been and the reply was no more than 5 years old at the start of the contract and no more than 7 years old throughout the contract. So you have to wonder why on earth our son is on a a bus that isn't complaint in the middle of a Haringey Council declared climate emergency.

Haringey SEND Transport have said to us that this is because this is what is needed to meet our sons disability, yet for the period between the complaint being settled and the Covid-19 lockdown they had managed to procure and provide a suitable modern minibus. Our own vehicle is 16 years old and has air-conditioning.

The SEND transport manager wrote to us again on 12th June 2023 to tell us again that the minibus had no air-conditioning and we were shocked to find at that stage absolutely no attempts to mitigate a know risk to our sons life from the heat inside the minibus had taken place.

An entire year after the SEND Transport department had identified a know risk to life on our son's minibus and after numerous heat health alerts had been issued, they offered us the same mitigation they offered last year, to pay for us to take our son to school in a cab - only this year it would be for 6 weeks on 2 days.

Horrified that they had not properly risk assessed the SEND Transport route, as they are required to do by the Department for Educations home to school transport guidance, I challenged why they had not properly risk assessed the route and put in place appropriate mitigation.

The rock and a hard place choice that we were offered was

• to continue with SEND Transport that is so old and inadequate it is essentially a risk to life given the needs of the person being transported
• juggle work and caring even more than we already do, a situation that last year had detrimental impacts on the health of all of us - including the aforementioned heat related health conditions and an exacerbation of our own long term health condition.

The reply to the complaint is published in full below.

Thank you for giving us an opportunity to investigate your complaint. I am sorry that you are unhappy with the service you received from us.

 The transport department were transparent with regards to the vehicle not having air conditioning (please see the second attachment). They pre-emptively contacted you this year with regards to a solution to support ZL’s transport during this hot weather period. You were provided with alternatives to this issue, which was also afforded to you this year (please see first attachment). You requested that the department continued to make arrangements for ZL, and subsequently they have worked with the contractor to mitigate the effect of the high temperatures on ZL’s transport.

 In terms of mitigation, the vehicle being used has been retrofitted with 4 air circulating devices (fans right? they mean fans, don't they?) to reduce the temperature on board the vehicle (fans that circulate hot air love, not reduce air temperature). The windows also partially open, allowing air to flow. We have inspected the temperature of the vehicle after a route was conducted to check the temperature on board and it was at a satisfactory level. Staff have been asked to inform the office should temperatures become uncomfortable for the passengers.

 We are working with the contractor about upgrading the vehicle for the next academic year so it has full air conditioning and will update you accordingly.

 Our main priority is ensuring ZL’s safety on his journey to and from school. The department will be in contact with the school to see if they can provide any additional training with regards to identifying signs as to whether ZL is in discomfort and how to address this.

I hope this addresses your concerns.

Dear Chief Executive,

 

I am escalating this complaint to yourself as per the Corporate Complaints Stage 2 independent review procedure.

 

I disagree with the statement that The transport department were transparent with regards to the vehicle not having air conditioning on the basis that both 2022 and 2023 we were informed after heat health alerts had begun:

• last year on 13th July 2022 after a month of heat health alerts beginning on 14th June 2022 on the occasion of extremely high temperatures and
• this year on 12th June 2023 at 4pm, in the afternoon after the first heat health alert had ended (between 09/06/2023 at 09:00 and 12/06/2023 at 09:00).

 

I disagree with the statement that They pre-emptively contacted you this year with regards to a solution to support ZL’s transport during this hot weather period on the basis that we were contacted this year on 12th June 2023 at 4pm, in the afternoon after the first heat health alert had ended (between 09/06/2023 at 09:00 and 12/06/2023 at 09:00).

 

I disagree with the that statement You were provided with alternatives to this issue, which was also afforded to you this year on the basis that the alternatives to the issue were only afforded to us last year after a month of heat health alerts and after extremely high temperatures. This year we appear to be being asked to make alternative provision for our sons school transport arrangements for 6 weeks not two days (as was the case in 2022).

 

I disagree with the statement You requested that the department continued to make arrangements for ZL, on the basis that my reply stated I would expect you to provide a bus that my son is safe on and that heat and high temperature would form part any risk assessment at the start of this academic year as you have identified this a risk for Zack last year.

 

With regard to the statement subsequently they [the department] have worked with the contractor to mitigate the effect of the high temperatures on ZL’s transport I do not believe 4 fans and two partially opening windows will do as the Head of SEND has stated and therefore these actions will not mitigate the effect of the high temperatures on ZL’s transport.

 

I have concerns with the following statements: In terms of mitigations, the vehicle being used has been retrofitted with 4 air circulating devices to reduce the temperature on board the vehicle. The windows also partially open, allowing air to flow. We have inspected the temperature of the vehicle after a route was conducted to check the temperature on board and it was at a satisfactory level. Staff have been asked to inform the office should temperatures become uncomfortable for the passengers. On the basis of Guidance issued by the UK Health Security Agency for providers of children’s social care. Link - Heat-Health Alert action card for providers - GOV.UK (www.gov.uk).

 

The department have not acted yet upon the suggested actions once an alert is issued:

•           raise awareness of heat illnesses and their prevention among clients and carers

•           work with partners and staff on risk reduction awareness using a variety of methods to maximise dissemination

•           develop and communicate proactive evidence-based messages aimed at the public, especially to vulnerable groups and underserved populations

•           create or operationalise cool rooms or areas (able to be maintained below 26°C)

•           ensure staff visiting vulnerable individuals have access to a thermometer or means of measuring temperature and ensure relevant staff know how to check, record, and follow internal procedures if a cause for concern is identified; during hot weather, indoor temperatures should be monitored regularly, and steps taken to keep the home cool

•           check thermometers are installed and working where vulnerable individuals spend substantial time and ensure relevant staff know how to check, record, and follow internal procedures if a cause for concern is identified

 

Nor have they enacted the suggested actions once alert is in effect:

•           reaffirm key evidence-based public health messages to clients and staff

•           check and record indoor temperatures regularly during the hottest periods for all areas where patients or clients reside and follow internal procedures if a cause for concern is identified; ensure designated cool areas are below 26°C

•           assess staffing levels, recognising possible increased care needs of clients during hot weather

•           monitor the local and national weather forecast

•           assess refrigeration capacity to ensure sufficient cold water and ice are available to minimise risks from dehydration

•           review and prioritise individuals most vulnerable to heat-related illnesses; for individuals who cannot be moved to cool areas, or for whom a move might be too disorienting, take actions to cool them down (for example, liquids, cool wipes) and enhance surveillance

•           in clinical settings with vulnerable patients or clients, check body temperature, heart and breathing rates, blood pressure and hydration levels; consider weighing clients regularly to identify dehydration and rescheduling physiotherapy to cooler hours

 

Knowing that there was a risk to Zack’s life last year caused by the heat, I am dissatisfied that it is only now, a full year later, that the department are working with the contractor about upgrading the vehicle for the next academic year so it has full air conditioning as Zacks vehicle, registration LF06 XFV is a 17-year-old white diesel minibus, first registered in April 2006 and last sold in June 2019, LF06 XFV.

 

With reference to a previous complaint Your ref: Stage 1 complaint/LBH9110919 - Z Leveson/Transport. What is the permitted age of the vehicle according to the contract?

 

The standards on the direct purchasing system are as follows:

	Maximum age at commencement of the DPS	Maximum age throughout the service provision
Minicabs / Taxis	5 years	7 years
Standard Minibus	5 years	7 years
Accessible Minibus	5 years	7 years
Coaches	10 years	12 years
Accessible Coaches	10 Years	12 Years

 

As an 17 year old accessible minibus, this vehicle is over 10 years older that the maximum age through the service provision and was over the age of the maximum age at commencement of the DPS. The lack of air conditioning on this vehicle was identified as an issue a year ago, as per the email from Mr Fisk on 12th June 2023. Why is the minibus only now being upgraded? Our 17 year old car LW55 CJF has air-conditioning, we struggle with the rationale put to us in Mr Fisks email that it was the age of the vehicle that meant it had no air conditioning.

 

I disagree with the statement that [the departments] main priority is ensuring ZL’s safety on his journey to and from school as they would be communicating plans for hot weather well in advance of heat health alerts and Zack would be on an air conditioned vehicle with an escort provided by the department and not asking us to make this provision after heat health alerts have been issued.

I am dissatisfied with the statement The department will be in contact with the school to see if they can provide any additional training with regards to identifying signs as to whether ZL is in discomfort and how to address this  as my concern is the immediate risk to Zacks life and the department have failed to understand the risks they are talking with my child who has severe epilepsy and is unable to communicate his needs and is at risk from sudden adult death, if my concerns are not more robustly addressed than by 4 fans 2 partially opening windows in a 17 year old minibus without air conditioning in the weather hot enough to trigger, thus far, yellow heat health alerts. The risk if the heat health alerts raise to amber or red would be too great to gamble with my child’s life in the way the department have chosen to do so.

Further to my complaint to the Chief Executive, with reference to the ‘new’ Haringey post-16 SEND Transport Policy, which was introduced this academic year with the purpose of clarifying the policy including Personal Transport Budget arrangements, and therefore supersedes the arrangements offered to us last year and clarifies what the nature of an offer should comprise of.

6. Haringey’s Travel assistance Offer

Personal travel budget (PTB)- a PTB is a payment designed to help young people/ parents to make any of the travel arrangements needed to facilitate their young person accessing school.

Formula for PTB value: (journey time x Passenger Assistant cost per hour + journey cost) x journeys per day x number of days attending school per week x number of weeks per academic year = PTB value

No offer has been made to us to cover the cost of an escort (described in the formula as a personal assistant), nor would it be feasible for us to arrange the employment of such an escort in the time left available before the end of term – 4 weeks.

school_travel_assistance_policy_post_16.pdf (haringey.gov.uk)

We might have been able to persuade a family to bring escort our son.

This is another way in which I think the SEND Transport department is treating Zack unfairly, in previous correspondence with the department, questioning the decision making of the department has result in them insisting on a formal complaint, banning us from writing to them (in part because we insist on all communications to be in writing – an audit or evidence trail if you like; and in part because we requested his SEND transport risk assessment – this was all before we were told there was no air conditioning on his SEND Transport bus) and threatening to remove his transport provision.