Home Help for families Information & Advice Education & learning Transport to school and college Transport in England Challenging school transport policies in England
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Local authorities set their own school transport policies. These policies must comply with the law.
Research we carried out as part of our school transport inquiry has shown that a number of policies do not comply with the law. We are also aware of parent groups who have successfully challenged potentially unlawful policies when they have been put out for consultation.
For full details of school transport eligibility, see our main transport page.
Local authorities in England must publish policies for the following age groups:
This transport policy must be published under the Education (School Information) Regulations 2002 (as amended). It must form part of the composite prospectus, a document the local authority publishes annually to show admission arrangements for state funded schools in the area. The composite prospectus must be published by 12 September the year before admission.
Statutory guidance (Home to School Travel and Transport Guidance) states that the information in the policy should:
The law does not say how or when the local authority should consult on transport policies for this age group. Statutory guidance recommends that local authorities should consult widely on any changes with all interested parties for at least 28 days during term time.
Under section 509AA of the 1996 Education Act, the local authority must publish a transport policy statement for 16-18 year olds. This must be published by 31 May to take effect the next academic year, i.e. from September.
Local authorities must have regard to statutory guidance ( Post-16 transport to education and training) when drawing up the policy for this age group. There are legal requirements for who must be involved in the consultation, including young people and their parents.
Under section 508G of the 1996 Education Act, the local authority must publish a transport policy statement for relevant young adults who are entitled to transport under the adult transport duty. ‘Relevant young adults’ are defined as those under 25 with an EHC plan (although the guidance still uses the old terminology, ‘subject to learning difficulty assessment’).
The policy must be published by 31 May to take effect the next academic year, i.e. from September. There are legal requirements for who must be involved in the consultation, including relevant young adults and their parents.
Many local authorities consult on all age groups as part of the same consultation.
Local authorities must publish details of school transport for children and young people with special educational needs and disabilities (SEND) in their local offer. This is set out in the Special Educational Needs and Disability Regulations 2014 – schedule 2 paragraph 14.
A formal consultation is when a public body, such as a local authority, seeks the views of stakeholders on a new policy, a proposed change to eligibility criteria or other policy changes.
Case law has established the general principles of consultation. Consultation must be proportionate and fair. In particular:
Case law has established that the definition of what is “fair” will be more stringent if people stand to lose an existing service or benefit. This would apply to cuts in school transport services.
It may be possible to mount a legal challenge via judicial review if a consultation has not been carried out fairly.
There is more information on consultations in Disabled Children – a legal handbook . This is a free download from the Council for Disabled Children.
Below are issues we’ve identified in proposed and actual school transport policies. These issues are potentially, and in some cases actually, unlawful and could be reason to challenge the policy.
For example, if stakeholders are not made aware of changes, don’t have enough time to respond, or if responses are limited to an online questionnaire.
When a transport policy does not comply with the recommendations set out in statutory guidance. Common issues are:
Some local authorities have blanket policies that limit eligibility to children with SEND who:
Such policies are not lawful. Children who cannot reasonably be expected to walk to school because of SEN, disability or mobility difficulty are eligible for transport under section 508B and schedule 35B (2) of the Education Act 1996. The policy should explain how a child with SEND meets the criterion for school transport.
Local authorities are only obliged to provide transport to the nearest suitable school and can refuse transport if parents choose a school further away. To be considered “suitable”, a school must be right for the child’s age, ability and aptitude, as well as being able to meet their SEN. The policy should explain this.
This is unlawful. The local authority must provide travel arrangements for eligible children. Mileage allowances or use of the parental car can only be with the parent’s consent (Education Act 1996 – section 508B (4)(b)).
Local authorities must comply with the public sector equality duty under the Equality Act 2010. They must consider the potential effect of their transport policy on disabled people, both disabled children and disabled parents.
Below are common ways in which disabled children or disabled parents may be disadvantaged:
There is no legal obligation to provide free transport for this age group, but a blanket refusal could be discriminatory. For example, if a four year old attends a special school some distance from home and could not access education without transport.
It is reasonable to ask parents and young people to consider travel training, but it should not be a blanket policy. It should be based on individual assessment and tailored to the young person’s needs. Some young people may never manage independent or supported travel by public transport. There may be issues in rural areas if times of courses for young people with SEND don’t fit in with bus times.
Some local authorities now expect parents to take children to pick up points instead of collecting children from home. This is legal but should be based on individual assessments, not a blanket policy. Local authorities have a duty to provide ‘non-stressful’ transport arrangements.
This is lawful, but the local authority should avoid indirect discrimination. For example, will the contribution be set at a similar level to that of a bus pass for non-SEND students? The local authority should also take into account that students with SEND may have to travel further to a suitable course.
Here are things you can do to have your say on school transport policies in your area.
If you need advice about your son or daughter’s transport to school or college, look at our section on school transport and call our helpline to talk to one of our advisers.
Independent Support factsheet on consultations:
Blog post from barrister Steve Broach on fair consultations:
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