Children with SEN, a disability or a mobility difficulty

If your child has special educational needs (SEN), a disability or mobility problems which means they cannot reasonably be expected to walk to school, then they are an ‘eligible child’ and are entitled to home to school transport, as long as the local authority (LA) has not made suitable arrangements for your child to go to a nearer school or boarding accommodation.

This category isn’t limited to children with physical disabilities. It may not be reasonable to expect a child to walk to school because of a physical disability, but it also may not be reasonable to expect them to walk because (for example) they lack a sense of danger.

What about the statutory walking distance?

then

your chid is eligible because their SEND or mobility problems mean they cannot reasonably be expected to walk to school

it does not matter if they live within the statutory walking distance.

the qualifying school they attend is outside statutory walking distance

they will be eligible for transport under that category and their SEN, disability or mobility problems may be relevant when working out what travel arrangement is suitable for them.

If their SEN or disability does not stop them being able to walk to school, they may still be eligible under one of the other categories set out on the page about children of compulsory school age.

For children with education, health and care (EHC) plans, it is not uncommon for LAs to ask parents to pay for transport when there is a dispute over the placement which should be named in the EHC plan, particularly when the placement at the parent’s preferred school may cost more than the LA’s nearer alternative school.

Your LA must follow the legal process confirmed in case law when it is considering asking you to do this. You should only agree to pay for the travel arrangement with your LA if the school that the LA wants your child to go to is in fact suitable and the LA can show that your preferred school would be an inefficient use of the LA’s resources.

You should think about these two questions:

Question one:

Yes

the school your LA is proposing:

suitable for your child, and
able to provide them with a place?

Then your choice of school must be named in the EHC plan.

This school will be the nearest suitable school, and your LA must provide transport to it if your child is eligible.

Move to question two.

Question two:

Would

Yes

the school you prefer costs a lot more than the school your LA is proposing (including the cost of travel to both schools), and
is your LA able to show that the extra cost of the school you prefer is "inefficient" or unreasonable?

Then your choice of school must be named in the EHC plan.

This school will be the nearest suitable school, and your LA must provide transport to it if your child is eligible.

Then the school you prefer can be named in the EHC plan on the condition that you:

pay the cost of transport, or
are responsible for any travel arrangement to and from the school.

The LA might make the condition clear in different ways, for example by:

naming an alternative school or type of school, or
making it clear that the school is the parent’s preference and is only named on condition they pay for or arrange transport.

There is some useful case law about how LAs and the SEND Tribunal should approach conditional placements in Section I. If a parent offers to pay for the transport to school to reduce the cost of their choice of school placement, then the Tribunal must consider naming the parent’s choice on a conditional basis.

If	then
your LA has written something into Section I of the EHC plan with a condition saying that you must provide or pay for transport, and you think the setting should have been named without any condition about transport	You should consider appealing to the SEND Tribunal to get this condition removed, so your preferred school is named unconditionally for the purpose of receiving transport.

If you haven’t been able to find the answer to your question on this page, see our FAQs.