My child has an EOTIS package. What can I do to get help with transport?

Some children are eligible for free transport from their local authority (LA) under the Education Act 1996. However, the transport duties in this Act do not apply to children or young people receiving all of the special educational provision in their EHC plan otherwise than in a nursery, school or college.

That said, you can still ask your LA for help with transport for the following reasons:

1. Duty to secure special educational provision

Remind your LA that it has a duty under section 42(2) of the Children and Families Act 2014 to secure all the special educational provision set out in Section F of your child or young person’s EHC plan. You cannot be required to provide any of that special educational provision unless you have voluntarily agreed to.

If your child or young person needs transport to access their special educational provision (such as their therapy sessions, outdoor education group, or tuition centre, for example) ask for transport to be provided as part of the LA’s duty to secure special educational provision. You should mention that without transport being provided your child or young person cannot access the provision, and this means the LA has not secured their provision in breach of its legal duty to.

If you receive from your LA a direct payment for you to arrange and commission the delivery of your child’s special educational provision, your LA is deemed to have ‘secured’ the provision in making this payment. So, it is important to make sure the payment is sufficient to also cover the costs of transport if this is needed.

2. LA’s power to do things that help it meet its duties

Your LA also has a power to do anything (including spending money) which is “calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.” This power is set out in section 111(1) of the Local Government Act 1972.

This means that your LA has the ability and power to provide transport to make sure it complies with its duty under section 42(2) of the Children and Families Act 2014 to secure the special educational provision in your child or young person’s EHC plan.

What to include when you ask for transport

When you ask for transport to and from where your child or young person receives the special educational provision in their EHC plan, you should:

explain why the LA should agree to your request, by referring to section 42(2) of the Children and Families Act 2014 and section 111(1) of the Local Government Act 1972 as set out above
provide your LA with a weekly timetable of your child or young person’s activities, so it can see where your child needs collecting from and to, and when, and
say what transport arrangement for your child or young person would be suitable, including in respect of their special educational needs. For example, if in Section F of their plan it says your child needs 1:1 support at all times, then you should explain to your LA that your child will also need this support during their journeys to and from their various providers.