Home to school Transport – Considerations if the Local Authority (LA) state that there is a nearer suitable school.

Query on the SENDIASS national forum

“A parent I am supporting has just been turned down for home to school transport for her children on the basis that the school they attend is not their nearest suitable school, despite the application showing they have a disability and a consultant’s letter advising that they do not change schools. Any advice on next steps as the children will not be able to access education without transport being provided.”

There are a few factors to consider when considering whether the child is entitled to home to school transport.

As the LA are talking about suitability, it is assumed that;

• the child is of statutory school age. *
• Is eligible as detailed in Schedule 35B Education Act 1996**

In general, children who are eligible are entitled to transport to their ‘nearest suitable school. There is an exception to this. Schedule 35B of the Education Act describes this as follows:

“No suitable arrangements have been made by the local authority for enabling him/her to become a registered pupil at a qualifying school nearer to his home.”

So, the question is – have the LA made those arrangements?

• Is the nearer suitable school the LA are suggesting able to meet the child’s needs?
• Do they have places?

 If not, the child may be entitled to Home to School Transport

Case law *** has determined that even when there is a nearer suitable school with places, the LA must name the parents’ preferred school (even if this is further away) unless this represents an ‘inefficient use of resources (Childrens & Families Act 39 (4). Transport costs are relevant to this test. If the LA cannot demonstrate this, then parents’ preference must be named unconditionally in Section I of the EHC plan. It then follows that if the child falls under one of the four categories of ‘eligibility’ (detailed above), the LA must make a transport arrangement even though there is a nearer suitable school with places.

If the parent can establish that in the case of not having an EHCP that the school the LA maintain cannot meet need or do not have enough places, then mount an appeal using the LA’s appeal process.

If the child has an EHCP and it can be argued that it is not an inefficient use of resources then, again it can be appealed via the LA’s appeals route.

*

Children under compulsory school age are not automatically entitled to transport. Compulsory school age begins on the first day of the term following the child’s fifth birthday.

For children in early year’s settings, section 509A of the Education Act 1996 gives LAs discretion to make travel arrangements for children receiving education other than at a school.

Where a young person is of sixth form age and attending school or college, the law on transport is different. There is no entitlement to a transport arrangement in the same way that there is for children of compulsory school age or those who are classified as ‘adult learners.

The law requires LAs to have a ‘Transport Policy Statement’ setting out home to school/college transport arrangements for Young People (YP). This statement can be found on the LA website and/or on their local offer. There is also statutory guidance which outlines the LA’s duties and lists the groups of YP LAs should prioritise transport support to - this includes YP with SEND.

**

Children who are ‘eligible’ are defined in Schedule 35B Education Act 1996 and they fall into four categories:

1. Children with SEND (Special educational needs and disability), a disability or a mobility issue who cannot be expected to walk and live within statutory walking distance.
2. Children whose route to school is unsafe who live within statutory walking distance.
3. Children who live beyond the statutory walking distance
4. Children from low-income families

***

S and another v Dudley Metropolitan Borough Council [2012] EWCA 346

You may wish to read our fact sheet number 22 “Home to school transport”.

Listen to our SENDIASS Podcast Season 2 Episode 7:

You may wish to read the following:

Fact sheet 22 - Home to school transport

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