Skip over main navigation
  • Log in
  • Basket: (0 items)
(IPSEA) Independent Provider of Special Education Advice
Accessibility
Get in touch
Donate
Menu
  • Get information and support
    • What are special educational needs?
    • Free legal guides and template letters
    • On-demand SEND law webinars
    • Helplines and services
    • Services for professionals
    • Your stories
  • Book training
    • Learn about and book SEND law training
      • For parents and carers
      • For parent groups, schools and charities
      • For local authorities
      • For SEN professionals and private organisations
    • Subscribe to our legal updates
    • Contact the training team
  • Policy work
    • Learn about our policy work
    • Policy blog
    • Save Our Children's Rights: our joint campaign
      • About the campaign
      • Write to your MP
      • Press and media
    • Schools White Paper: what you need to know
  • Get involved
    • Donate
    • Urgent appeal: Defend children’s rights
    • Fundraise for us
    • Volunteer
      • Ways to volunteer
      • How to apply
      • Volunteer stories
    • For organisations
      • Corporate support
      • Trusts and foundations
    • Other ways to give
  • About us
    • What we do
      • Our strategy
      • Our impact
      • Our history
    • Our people
    • Latest news and updates
    • Our annual reports
    • Work for us
  • IPSEA Legal Resources Portal
  • Admin
    • Log in
  • Basket: (0 items)
  • Transport: Children of compulsory school age (aged 5 to 16)
  1. Get information and support
  2. Free legal guides and template letters
  3. Transport to school or college
  4. Children of compulsory school age (aged 5 to 16)

Transport: Children of compulsory school age (aged 5 to 16)

Local authorities (LAs) are required to arrange free, suitable, home to school transport for children of compulsory school age who are ‘eligible’, to their nearest suitable qualifying school (section 508B of the Education Act (EA) 1996).

Eligible children fall within four groups, set out in Schedule 35 EA 1996:

Children with SEN, a disability or a mobility difficulty

Children whose route to school is unsafe

Children who live beyond the statutory walking distance

Children from low income families

Follow the links above to find out more information about each category.

If your child meets the criteria for any one of these categories, they should be entitled to free home to school transport. For example:

  • If your child can’t be expected to walk because of their SEND or mobility problems, it does not matter whether they live within statutory walking distance of their school – they will still be eligible for transport.
  • If your child is eligible under one of the four categories then getting disability living allowance or having access to a Motability vehicle is not going to stop them being eligible for  free, home to school transport (but it might be helpful  as evidence of their disability or what transport might be suitable for them).
  • If your child is eligible for free home to school transport due to their SEND, there is no requirement for them to have an education, health and care (EHC) plan or attend a special school.

A qualifying school is a:

  • maintained (publicly funded) school or nursery
  • non-maintained special school
  • pupil referral unit
  • city technology college
  • an alternative provision Academy, or
  • an Academy

If your child has an EHC plan and goes to an independent school, their independent school can also be a qualifying school if it is the only school, or the nearest school, named in Section I of their EHC plan (Paragraph 15(3) Schedule 35B EA 1996). 

What if your child doesn’t go to a qualifying school?

They may be eligible for free, home-to-school transport:

If 

then

  • they are receiving their education somewhere else, because the LA is providing alternative education under section 19(1) of the EA 1996, and
  • they are eligible under one of the four categories above.

the LA must provide free home-to-school transport to the place at which they are receiving education,

 

they are suspended (temporarily excluded) from a school but remain a registered pupil of that school, and they:

  • attend an educational establishment that is not a qualifying school, and
  • is not within the statutory walking distance of their home

the establishment they are attending must be treated as though it is a qualifying school.

Schools should also work with the LA when arranging educational provision for a child during a suspension where the pupil might be eligible for free travel to the place where they will be receiving education. 

What are travel arrangements?

"Travel arrangements" are defined in section 508B(4) EA 1996 and paragraphs 61 – 69 and part 3 of the government’s statutory guidance: Travel to school for children of compulsory school age, May 2026 (the May 2026 Guidance).  

’Home to school travel arrangements’, for an eligible child, are travel arrangements in both directions between your child’s home and the relevant educational establishment.

They include arrangements for the provision of transport, and any of the following arrangements – but only if they are made with your parental consent:

  • provision of one or more escorts (whether alone or together with other children) when travelling to or from the relevant educational establishment
  • payment of the whole or any part of a person’s reasonable travelling expenses
  • payment of allowances for the use of particular modes of travel, and
  • voluntary arrangements made by you.

Travel arrangements for an eligible child must not result in additional costs and must include appropriate protection against those costs.

The May 2026 Guidance makes clear (at paragraphs 82-86) that the travel arrangements should take account of the needs of the child concerned. For example, it would not be appropriate to provide a pass for free travel on a bus to your child if their special educational needs mean they would be unable to travel on a bus.

In particular: 

  • The arrangements should allow your child to travel without undue stress, strain or difficulty, so that wherever possible they arrive at school ready to learn.
  • They must allow your child to travel in reasonable safety and comfort. This does not necessarily mean a door-to-door service, but your child’s needs may mean they need to be collected from their home so your LA should not have a policy that it never provides door-to-door transport. It should make decisions on a case-by-case basis.
  • Your child’s needs may need to be reassessed from time to time, for example if their level of need changes or if they move to a new school. Some children with special educational needs can find change distressing, so your LA should provide you with as much notice as possible of any changes to your child’s travel arrangements.

The May 2026 Guidance suggests maximum reasonable journey times of 45 minutes for primary school children, and 75 minutes for secondary school children. These maximum journey times include any time taken to walk to a pick-up point. However, it also says that for children with SEN and/or disabilities, journeys may be more complex and a shorter journey time, although desirable, may not always be possible. Your child’s age and disability should be taken into account when the LA is thinking about what is suitable. Where long journeys cannot be avoided, LAs should think about whether there are things they can do to reduce any problems this makes for your child.

Safeguarding and training

LAs should make sure that:

  • an enhanced Disclosure and Barring Service (DBS) check, with a check of the children’s barred list, has been carried out for drivers and passenger assistants involved in providing dedicated school transport. Dedicated school transport is transport that only takes children to and from their place of education and that members of the public cannot get on
  • drivers and passenger assistants have received the training the LA thinks they need to perform their role in relation to safeguarding
  • drivers and passenger assistants know how to report any concerns they have about the children in their care, and
  • LAs share any concerns they have about the driver of a taxi or private hire vehicle with the authority that licenses them, and consider whether concerns they have about a driver should be referred to the DBS.

LAs also need to make sure that drivers and passenger assistants working on dedicated school transport have undertaken appropriate training and that this is kept up to date. The training that a driver or passenger assistant requires will depend on the needs of the children who are travelling.

School staff receive training to allow them to manage a child’s medical needs in school and, wherever possible, the transport staff that will be working with the child are expected to be able to join in with this training. As a minimum, training should include:

  • safeguarding
  • the handling of emergency situations, for example what to do in a medical emergency or if there is a road accident
  • equality, for example recognising, supporting and communicating with children with disabilities
  • any training required to meet the specific needs of the children travelling – for example, dealing with medical emergencies or managing their behaviour.

The May 2026 Guidance is clear that your LA should not withdraw your child’s transport arrangements due to behavioural challenges except as a last resort. If your LA does withdraw arrangements for this reason, it will still need to meet its transport duties but in another way (paragraph 114).

If you haven’t been able to find the answer to your question on this page, see the pages on the different categories of ‘eligible children’ linked above, or take a look at our FAQs. You may also find it helpful to look at our information on appealing decisions about transport.

Published: 30th March, 2018

Updated: 17th June, 2026

Author: Emma Brock

Share this page
  • Email
  • Facebook
  • Twitter

Latest

  • New report: Breaking barriers

    New report: Breaking barriers

    We have published a new report highlighting persistent inequalities in how children and young people from under-served communities access special educational needs and disabilities (SEND) provision, and how their families access the legal advice they may need to secure that support.

  • Annual reviews during Tribunal contents appeals: Can LAs still issue amended EHC plans?

    Annual reviews during Tribunal contents appeals: Can LAs still issue amended EHC plans?

    With SEND Tribunal waits now reaching 18 months, many families face annual reviews during an ongoing appeal. Here's what families need to know.

  • SEND Tribunal hints and tips (2): 7 October

    SEND Tribunal hints and tips (2): 7 October

    This training is suitable for parents and carers currently going through an appeal against the contents of an EHC plan or an appeal against the school named in a plan

  • Reforming SEND without removing rights

    Reforming SEND without removing rights

    Hear from our Policy Manager, Catriona Moore, about why protecting children’s rights must remain central to decisions about SEND reform

Related

  • Transport: Children under 5

    Transport: Children under 5

    Children under compulsory school age are not automatically entitled to transport to an early years setting or school

  • Transport: Young people aged 16 to 19

    Transport: Young people aged 16 to 19

    Where a young person is of ‘sixth form age’, the law requires LAs to have a ‘Transport Policy Statement’ setting out home to school/college transport arrangements for particular groups of young people

  • Transport: Young people aged 19 and over

    Transport: Young people aged 19 and over

    When considering adult learners, the LA must make “'such arrangements for the provision of transport, as they consider necessary”

  • Appealing decisions about transport

    Appealing decisions about transport

    If you disagree with a decision made about transport, you will need to start by making an appeal through the LA’s own internal appeals procedures

Most read

  • Asking for an EHC needs assessment

    Asking for an EHC needs assessment

  • Template letters

    Template letters

    Download and make changes to our template letters to fit your situation

  • Template letter 1: making a request for an EHC needs assessment

    Template letter 1: making a request for an EHC needs assessment

  • EHC needs assessments

    EHC needs assessments

    An EHC needs assessment is an assessment of a child or young person’s education, health and care needs

  • Advice Line

    Advice Line

    Book an appointment for free and independent next-step legal information, advice and support on any educational issue that is a result of a child or young person’s SEND

  • Choosing a school/college with an EHC plan

    Choosing a school/college with an EHC plan

  • What happens in an EHC needs assessment

    What happens in an EHC needs assessment

  • The annual review process

    The annual review process

  • Contact us

    Contact us

  • Appealing to the SEND Tribunal

    Appealing to the SEND Tribunal

    The SEND Tribunal is an independent national tribunal which hears parents’ and young people’s appeals against LA decisions about the special educational needs of children and young people

How you can help IPSEA

How you can help IPSEA

Have you found the information on our website helpful today? If so, please consider donating! At IPSEA, we rely on your donations and fundraising efforts to help keep our vital services running. Read more

Donate Fundraise

Published: 19th March, 2014

Updated: 12th May, 2026

Author:

Sign up to receive regular email updates from IPSEA
The Queen's Award for Voluntary ServiceHelplines Partnership Member
  • Facebook
  • Twitter
  • Instagram
  • LinkedIn
  • Terms and conditions of website use
  • Contact us
  • Accessibility
  • Sitemap
  • IPSEA privacy notice
  • Complaints policy

IPSEA is registered charity number 327691
Limited company 02198066

Registered office: IPSEA, 2A Stansted Courtyard, Parsonage Road, Takeley, Bishop’s Stortford, CM22 6PU

Donate
Manage Cookie Preferences