My child has special educational needs (“SEN”) but we have been told we are not eligible because we live within a 3-mile radius of school. Is that correct? Expand Local authorities (“LAs”) are required to provide free school transport for any child who is eligible. This includes children with SEN, disabilities or mobility problems which mean that the child cannot reasonably be expected to walk to school even if they live within statutory walking distance. See the section on children with SEN, disabilities or mobility problems for more information.
Whose duty is it to arrange home to school transport? Expand It is a duty on the LA in which you are ordinarily resident. LAs have a duty to make necessary travel arrangements for all eligible children attending qualifying schools, and a discretion to make travel arrangements for other children in their area (see the section on children of compulsory school age for more information).
I have heard that transport needs to be non-stressful, what does that mean? Expand The issue of school transport for children with SEN was raised in the case of R v Hereford and Worcester CC, ex parte P [1992] 2 FCR 732. The court held that it was implicit that the transport provided by the LA should be “non-stressful” if the child was to benefit from education. This means the child needs to be able to arrive at school ready to learn, rather than being unduly stressed or tired because of the journey.
I would like to take my son to school myself. Will the LA help with my costs? Expand Local authorities (“LAs”) can make payments to parents and carers of pupils with SEN to act as an escort or to use the family car to take the pupil to school. The government guidance – ‘Home to School Travel for Pupils Requiring Special Arrangements’ – says that the LA’s policy should set out when they will do this and the amounts parents are entitled to. Sometimes there is a space on a vehicle that can be used by a pupil who is not eligible for free home to school transport. LAs can make a charge for spare seats. This should be set out in their policy and explain the circumstances such a seat may be withdrawn if required for pupils who are eligible for free transport.
My child has an EHC plan. Does this mean that they are automatically entitled to transport? Expand Not automatically. If children with EHC plans fall in one of the categories of eligible children (set out in the section on children of compulsory school age then they will be entitled to transport. If a child with an EHC plan lives within statutory walking distance but can reasonably be expected to walk to school on their own, and does not fit within one of the other categories, they will not be entitled to free home-school transport.
My child has learning difficulties and is going to need support and extra services around transport - what else is required to be done? Expand The government guidance, ‘Home to School Travel for Pupils Requiring Special Arrangements’, advises on particular issues affecting pupils with severe learning difficulties and it recommends that local authorities: ensure drivers and escorts are known to parents operator contact numbers are provided for parents ensure stability of staffing arrangements for pupils who dislike change encourage schools and transport services to use a home-school liaison diary ensure that journey times are reasonable to avoid undue stress. Other legal requirements and good practice points covered by the guidance include: enhanced DBS checks for all drivers and escorts minimum standards of training for drivers and escorts, including training in conflict resolution, safe handling and working with children with particular medical conditions or disabilities where appropriate assessment and management of risk specific measures for pupils with health needs specific training for staff and vehicle adaptations for pupils with mobility needs. The guidance recommends that travel needs of pupils with SEN be reviewed at least annually and that pupils should always travel by using mainstream arrangements and local travel schemes where they can. Reviews can decrease as well as increase transport support.
My local authority says that what I am asking for is not part of their policy, what does that mean? Expand LAs should have a policy on home-to-school transport but it must be based on what the law says. The policy should set out: eligibility for free travel and how entitlement will be assessed; arrangements for children with SEN and/or disabilities including arrangements for pupils who are registered at more than one school; provision of escorts; charges; assistance to attend extended schools; travel to residential schools; complaints. LAs should consult widely on any changes to such policies. If the LA quotes its policy, start by obtaining a copy of it. Such policies should not impose additional restrictions and limitations on access which are not contained in the Education Act 1996. If you consider that your child should be eligible under one of the categories for children of compulsory school age but they are being denied transport, seek advice from our advice line.