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

If your child attends an early years settings, your local authority (LA) can use its discretion to make travel arrangements for your child. This is a power LAs have under section 509A of the Education Act (EA) 1996. LAs must not ‘fetter their discretion’. This means your LA cannot refuse to make a transport arrangement simply because it does not have a strict duty to make it.

If your child is at school but is not yet of compulsory school age, your LA has a discretionary power to make such school travel arrangements as it considers necessary for the purpose of facilitating your child’s attendance at school. This is a power LAs have under section 508C EA 1996.

If your LA refuses to provide transport and you feel that it is necessary – for example, because your child has a particular disability and there is no other way to get them to nursery or school – then you could appeal against its decision.