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Boating Children Exceed Government's "School Walking Distance"


Alan de Enfield

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From Narrowboatworld.

 

 

CaRT defies Government's school walking distance limit.

Published: Wednesday, 26 June 2019

IT HAS been discovered that Canal & River Trust define greater walking distances for school children than the Government specifies.

The National Bargee Travellers Association (NBTA) has discovered that though the government specify the maximum walking distance a child can undertake to school at two miles, Canal & River Trust set it at over three miles.

Repeated denials

Despite repeated denials and refusals to respond to Freedom of Information Act requests by the Association, it turns out that Canal & River Trust drew up 'illustrative cruising patterns' for boat dwellers without home moorings with school age children as long ago as November 2016.

The NBTA has obtained a document entitled 'Term Time Cruising Example GU' that shows an example travel pattern on the Grand Union Canal for a whole school year. The file properties show that the document was owned by Denise Yelland, former Head of Boating Enforcement at CaRT, who left in late 2018.

Have to walk 3.1 miles

The example travel pattern shows that CaRT considers that staying within 5km (3.1 miles) either side of a specific place where a school is located in term time, moving every 14 days, complies with its current interpretation of Section 17 (3) (c) (ii) of the British Waterways Act 1995, as long as the family travels further in the 13 weeks of the school holidays and half terms. The example suggests that CaRT expects boaters with school age children to travel considerably further in the summer holidays so that their range exceeds 32km (20 miles) over the year.

The 3.1 mile radius from the school in term time is however greater than the two miles that Government guidance states as a maximum journey to school for younger children unless transport is provided.

Refused to consider less mileage

CaRT has refused to consider a smaller radius in term time for families with younger children, putting them at risk of enforcement if they prioritise their child's needs above meeting CaRT's unlawful movement requirements.

For boaters with school age children whose licence has been restricted to six months, this is complicated by CaRT's unwritten and unpublicised expectation that they should travel a range of 20 miles within the six months, not half of that range as some have found out to their cost.

In a later development, it has emerged that CaRT consider that anyone could follow its example term time cruising pattern and not be subject to enforcement action. Simon Cadek, CaRT Enforcement Supervisor for London, stated in an email dated 30th August 2018 that:

"The Trust’s position is that it is possible for those with school age children to stay in a smaller area during term time and to cruise in a wider range during the holidays and as this isn’t a special exception or adjustment, it follows that anyone (with or without children) would not fall into our various processes if they carried on a similar pattern."

Fall foul of CaRT enforcement process

Despite these statements from CaRT, many Bargee Travellers, both with and without school age children, who follow a similar cruising pattern fall foul of the enforcement process. Enforcement staff agreed term time cruising patterns with one family and were in the process of negotiating with other families in August 2018, but then pulled down the shutters and refused to discuss the matter further.

In early 2019 CaRT told the NBTA that no family should be offered a term time cruising pattern. The NBTA advises anyone in this position to challenge CaRT on the inconsistencies in its enforcement process.

Edited by Alan de Enfield
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As children don't have to walk to school I don't see the point they are trying to make.   Well I do but I don't think it has any validity.   If you choose to/have to moor further away then transport must be found one way or another.

 

EDIT : to add having taught a number of travellers children over the years they were rarely with us for more than a couple of weeks near Appleby Fair time.  Because being travellers they ..............

 

 

 

 

 

 

 

Well travelled.

Edited by Jerra
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Haven't they consistently said that CCing is incompatible with school-age children needing to go to school etc?

 

ETA: https://canalrivertrust.org.uk/enjoy-the-waterways/boating/moorings

 

Seems fairly clear to me.....no inconsistency etc

 

Continuous cruising

If you have no ties (such as jobs, which tie you to one place or children at school), you can opt to cruise the canals non-stop, never staying at the same place for more than a fortnight. If you can't do this, then you'll need to have a home mooring before buying your licence.

 

 

Edited by Paul C
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21 minutes ago, Paul C said:

Haven't they consistently said that CCing is incompatible with school-age children needing to go to school etc?

 

ETA: https://canalrivertrust.org.uk/enjoy-the-waterways/boating/moorings

 

Seems fairly clear to me.....no inconsistency etc

 

 

 

I think its more that the 'secret document' showing "how to CC if your child is at Northchurch School" has escaped into the wild.

 

image.png.9f4d739df884b8000ced5bed3e48916d.png

 

CRT has conceded, in its response to a letter from Michelle Donelan MP dated 25th November 2016, that “We … can conceivably see how a family could moor within 3-4 miles of a canal-side school during school terms, progressing steadily every fortnight, and remain compliant, provided their range of movement is then much greater throughout the non-school periods of the year (around 13 weeks altogether). Of course, there are also responsibilities on schools and local authorities to help transport those children with long journeys who they have accepted into their school.”

Edited by Alan de Enfield
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Can't they just take the boat back to within a couple of miles of the school, then back to their mooring? And back to collect them? No different timewise to walking (probably quicker with smallies) , though of course it would mean actually moving the boat.... 

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Just now, Arthur Marshall said:

Can't they just take the boat back to within a couple of miles of the school, then back to their mooring? And back to collect them? No different timewise to walking (probably quicker with smallies) , though of course it would mean actually moving the boat.... 

Its a long way to pedal !!

(Remember the K&A video with Chris Pink ?)

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Suspect the government has changed its distance criteria , at my school I had a free bus pass as I lived over 3 miles away. This was a CRT draft that was dropped presumably on the advice of their legal team - only one license etc etc.

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10 hours ago, Arthur Marshall said:

Can't they just take the boat back to within a couple of miles of the school, then back to their mooring? And back to collect them? No different timewise to walking (probably quicker with smallies) , though of course it would mean actually moving the boat.... 

And having a mooring!!

  • Greenie 1
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Let the very, very few continuous cruisers with school age kids, remain around the school vicinity in term time, and cruise when not in term time.

It would be entirely possible for such arrangements to be agreed, if there was a will.

The suggestion that gazillions will join them is slightly ridiculous.

It's good to see young families on the canals :)

Rog

  • Greenie 3
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22 minutes ago, dccruiser said:

Roll on the day the CC laws are revamped , so its only those that actually truly CC, covering several waterways and hundreds of miles every year and are free to do so that are issued with CC licenses and all those that want to or need to stay in a specific area have no choice but to get a mooring.

 

Rck

Unfortunately that is not in my foreseeable future - the Gubermint / Parliament would appear to have enough on their hands for the next 'few' years.

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4 minutes ago, Alan de Enfield said:

Unfortunately that is not in my foreseeable future - the Gubermint / Parliament would appear to have enough on their hands for the next 'few' years.

 

Parliamentary time could probably be found to do it if Brexit were to be set aside.

 

Just a thought.....

 

:giggles:

 

 

 

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Let the very, very few continuous cruisers with school age kids, remain around the school vicinity in term time, and cruise when not in term time.

It would be entirely possible for such arrangements to be agreed, if there was a will.

The suggestion that gazillions will join them is slightly ridiculous.

It's good to see young families on the canals :)

Rog

 

 

That was the original suggestion, which seems to have been 'tucked away' into the archives.

 

The problem is - where do you stop ?

 

I am retired and doing a 5 year Open University course, I need to be close to my tutor for help and guidance and for the Saturday 'school'.

Surely the new rules will apply to me as well ?

 

 

When I actually did my OU degree it was 2 nights per week and Saturday mornings, with 'Summer School' for a week per year at a University campus which was closed for the Summer holidays.

Maybe with the increasing use of the Internet things are a little easier but I reckon there could still be an argument. (I need to be here because the internet is available ?)

Edited by Alan de Enfield
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49 minutes ago, Alan de Enfield said:

 

 

The problem is - where do you stop ?

 

I am retired and doing a 5 year Open University course, I need to be close to my tutor for help and guidance and for the Saturday 'school'.

Surely the new rules will apply to me as well ?

 

 

 

No they won't,  there is no legal distance that is "too far" for you. You could catch a train from Rochdale to Berkhamsted for all the government care - no legal distance as your education is not obligatory. 

 

The three mile threshold came in the first education act (1873?) which made education compulsory - one exception was those children who lived more than 3 miles from their nearest school - they were exempt - the motor omnibus having not yet been invented. Even into the 1920s one option was for local education authorities to put children in bed and board accommodation if the lived more than 3 miles from school 

Edited by magpie patrick
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30 minutes ago, magpie patrick said:

No they won't,  there is no legal distance that is "too far" for you. You could catch a train from Rochdale to Berkhamsted for all the government care - no legal distance as your education is not obligatory. 

Education is obligatory but the attendance at a school is not obligatory - the parents could choose to 'home-school' and CC in accordance with the rules.

 

I just think that the proposed system is flawed and just the thin edge of the wedge - the boater who needs to see his Doctor, or Hospital appointments every week, or the boater with an ill / infirm parent or, ……………………………...

Could all claim that their circumstances are 'similar'

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C&RT are very supportive (on the whole) when overstays are required on medical grounds.

An aquaintance was permitted an extended stay in Paddington basin during his chemo.

The problem was resolved when he sadly died.

Rog

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1 hour ago, Mike the Boilerman said:

 

Parliamentary time could probably be found to do it if Brexit were to be set aside.

 

Just a thought.....

 

:giggles:

 

 

 

This is true. No more time should be wasted as its not needed. 

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