Home to school/college transport

Why should something as fundamental to the education of children as being able to get to school be in dispute? It seems basic logic to say if you cannot get to school then you cannot even start being educated. The law regarding provision of free home to school transport is actually very clear in this area. It applies to all children - not just those with SEN and/or a disability.

The Education Act 1996 (s.508 (B) and Schedule 35) contains the definition of an “eligible” child for the purposes of receiving home to school transport. If a child falls within the definition, the law states that the Local Authority (LA) responsible for them must make the necessary suitable travel arrangements so that he or she can travel between home and school. Importantly, these must be provided free of charge.

The law requires the LA to arrange free, suitable, home to school transport for children of compulsory school age who are “eligible” to their nearest suitable school.

Having SEN and or a disability is one of the criteria for being an eligible child.

Where a young person is over 16 years old and attending school or college the law requires a Local Authority to have home to school/ college transport arrangements in place to enable them to attend education or training.

The LA’s duty in respect of ‘adult learners’ is covered by s.508F of the Education Act 1996. ‘Adult learners’ will usually be those young people who are over the age of 19.

When considering adult learners, the LA must make “such arrangements for the provision of transport, as they consider necessary” and must do so for 2 purposes. The first purpose is to facilitate the attendance of adults receiving education at institutions:

(a) maintained or assisted by the authority and providing further or higher education (or both), or

(b) within the further education sector.

Any transport arrangements provided under this duty must be free of charge.

LAs have duties under s.508G of the Education Act 1996 to consult with FE colleges and others about the fulfilment of their duties towards adult learners, and they must publish a policy on how they will do so.

The first place to look, when looking for information about post 16 home to school/college transport arrangements, is likely to be the LA’s policy on post-16 transport, and this policy should also address travel arrangements for those who are ‘adult learners’.

IPSEA mailing list

Click here to join our mailing list so that we can send you relevant updates and information.

Information service

This operates as a signposting service and is for general legal queries. By completing our online Information Service form, you will get a quick response, signposting you to factsheets and links to information on our website.

Advice Line

This provides next step advice on: problems with schools, requesting statutory assessment, statements and Education, Health and Care Plans, annual reviews, disability discrimination and exclusion. Please click here to book an appointment to get one of our advisers to call you back.

Tribunal Helpline

Our Tribunal Helpline Gives next step advice on SEN appeals and disability discrimination claims to the Special Educational Needs and Disability Tribunal. When you call we will also assess whether you need casework support. Please click here to book an appointment to get one of our advisers to call you back.

IPSEA training

IPSEA provides a wide range of SEN training for Parents, School Staff, Parent Forums, Support Groups, Local Authority SEN teams, Parent Partnership Schemes, School Governors and other groups / organisations. Click here for details.