As a parent, you are ultimately responsible for ensuring that your child attends school, and, in most cases, parents will be required to make arrangements for their child to travel to and from school. However, getting your child to school is not always a simple feat. The school may be several miles away; your child may have a particular Special Educational Need or disability; the route may be particularly inaccessible; or there may be any other host of complications.
So, can you get help with home-to-school transport for your child? Occasionally, the local authority may be required to provide home-to-school transport. But, in a world where local authority budgets are being increasingly squeezed, it is often an uphill battle to obtain transport.
The duties of your local authority to provide home-to-school transport are contained within the Education Act 1996 and within statutory guidance issued by the Department for Education: Travel to school for children of compulsory school age.
Local authorities have a legal obligation to provide free transport to school to ‘eligible children’ who attend a ‘qualifying school’.
When a child is not considered ‘eligible’, local authorities may use their discretion whether to provide travel to school.
Who is eligible for free home-to-school transport?
An eligible child must be of compulsory school age (5-16). There are separate rules for Post-16 young people and those within nursery and pre-school.
But they must also satisfy one of the following criteria:
Distance criteria: statutory walking distance rules
Be living outside of the statutory walking distance of the nearest suitable qualifying school.
- For children aged between 5 and 8, the distance is 2 miles.
- For children aged 8-16, the distance is 3 miles.
The distance is measured by the shortest route along which a child may walk safely, and, where necessary, it may include having to be accompanied.
A ‘suitable school’ is defined as the nearest qualifying school with places available that can provide education appropriate to the age, ability, and aptitude of the child while considering any special educational needs the child may have.
Eligibility based on special educational needs (SEN) or disability
The child cannot reasonably be expected to walk to school because of mobility problems or other health and safety concerns related to their SEN or disability.
Eligibility will vary on a case-by-case basis, and the local authority will also consider whether the child’s parent can reasonably be expected to accompany the child.
Unsafe walking routes to school
The child cannot reasonably be expected to walk the route to school because the route is unsafe to walk.
This can include a range of criteria, such as:
- The requirement to cross dangerous roads
- The presence of ditches and canals
- The use of footpaths and bridleways
The local authority will consider whether the child’s parent can reasonably be expected to accompany the child.
Low-income families: extended transport rights
The child is eligible for free school meals, or a parent they live with receives the maximum Working Tax Credit, and they are:
- Aged over 8 but under 11, attend the nearest suitable school, and it is more than 2 miles from their home, or
- Aged 11 to 16, attend one of their three nearest schools, provided it is more than 2 miles but not more than 6 miles from their home, or
- Aged 11 to 16, attend a school that is more than 2 but not more than 15 miles from their home that their parents have chosen on the grounds of their religion or belief, if, having regard to that religion or belief, there is not a suitable school nearer to their home.
There are some exceptions in the instance that other suitable travel arrangements are reasonably available, in which case the local authority may not be required to provide transport.
What is a qualifying school for transport purposes?
Do they attend a qualifying school?
A qualifying school is any school that is considered either:
- A community, foundation, or voluntary school
- A community or foundation special school
- A non-maintained special school
- A pupil referral unit (PRU)
- A maintained nursery school
- A city technology college (CTC), a city college for the technology of the arts (CCTA), or an academy, including free schools and University Technical Colleges (UTC), or
- An independent school named on a child’s Education, Health and Care Plan.
Is the qualifying school the nearest suitable qualifying school?
A suitable school for school travel purposes is a qualifying school that is appropriate to the child’s age, ability, aptitude, and any special educational needs. It should also be suitable for your child’s sex. For example, in most cases, the nearest mainstream school to a child’s home will be their nearest suitable school, if it will admit them.
For children with an EHCP, the school named in the plan will normally be considered to be the nearest suitable school.
How do I apply for home-to-school transport?
Visit your local authority’s website and complete the online application form for home-to-school transport. You will need to provide proof of your child’s address, their school details and, where necessary, evidence of their Special Educational Needs.
What can I do if my home-to-school transport application is refused?
If you believe that your child is eligible for home-to-school transport, but they are refused, then lodge an appeal with your local authority. They should let you know how to do this when they send their initial decision. Otherwise, this information should be set out on their website. If you remain unhappy with their decision-making and believe that the outcome is legally wrong, you can make a complaint to the Local Government Ombudsman Service.
Alternatively, contact our education team, who can advise you on this issue.
If you need to appeal, we have the skills and experience to guide you through the process and help secure the best possible outcome for you and your child. Please contact us here.
