School Transport

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If school isn’t
working for your child,
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Getting your child to school should not be a barrier to their education. Local authorities have legal duties concerning school transport, but eligibility and the support available can depend on your child’s age, distance from school, the school they attend and their individual needs.

Our specialist education solicitors support families across England and Wales with school transport disputes, helping parents understand their rights, challenge decisions and secure suitable transport where appropriate.

Is my child entitled to free school transport?

The rules differ between England and Wales.

In England, children of compulsory school age may qualify for free school transport where they attend their nearest suitable school and meet certain distance, safety or disability related criteria. Additional eligibility rules apply to some children from lower income families.

A child may also qualify where they cannot reasonably walk to school because of special educational needs, disability or mobility difficulties.

In Wales, local authorities generally provide free transport for eligible learners of compulsory school age who live at least two miles from their nearest suitable primary school or three miles from their nearest suitable secondary school. Other circumstances may also give rise to an entitlement.

Eligibility therefore depends on more than simply the distance between home and school.

What if my child has SEND, ALN or a disability?

Your child’s individual needs can be particularly important when assessing suitable transport.

Where a child cannot safely walk to school because of their disability, special educational needs, mobility difficulties or other circumstances, the local authority may need to consider their individual situation rather than applying a standard approach.

For children with an EHCP in England or an IDP in Wales, transport may also need to be considered alongside their wider educational needs and provision.

If the arrangements offered do not properly take account of your child’s needs, there may be grounds to challenge the decision.

What if the transport offered is not suitable?

An offer of transport does not necessarily mean that the local authority has fulfilled its responsibilities.

Some children may require an escort, specialist vehicle, additional support or alternative arrangements because of their individual needs. If the transport provided is unsafe or unsuitable, we can advise on whether the decision can be challenged.

What about children who are not automatically eligible?

Local authorities may have discretionary powers to provide transport to children who do not meet the statutory eligibility criteria.

The rules and policies vary between local authorities. If an application is refused, it may be possible to use the authority’s transport appeal or review process, depending on the circumstances.

It is important to consider both the local authority’s policy and how it has been applied to your child’s circumstances.

What about transport after the age of 16?

Post 16 transport is subject to different rules.

In England, local authorities must publish arrangements for transport to education and training for students aged 16 and over. These arrangements should take account of students with learning difficulties and disabilities, although there is no general entitlement equivalent to the statutory pre 16 scheme.

In Wales, there is generally no statutory duty to provide free transport to learners over compulsory school age, although local authorities may provide assistance under their own policies.

For young people with SEND, ALN or disabilities, the individual circumstances and the local authority’s published policy are particularly important.

What can I do if transport is refused?

Depending on the circumstances, you may be able to:

  • Request a review of the decision
  • Use the local authority’s transport appeal process
  • Provide further evidence about your child’s needs
  • Challenge the way the transport policy has been applied
  • Make a formal complaint
  • Consider judicial review where there are grounds to challenge the lawfulness of the decision
  • Exhaust the LA’s appeals process

The appropriate route will depend on why transport has been refused and the legal duties that apply.

What if my child cannot attend school without transport?

A transport dispute can have wider consequences where a child is unable to attend school because suitable transport has not been provided.

This can be particularly important where SEND, ALN, disability, an EHCP or an IDP is involved. We can consider the wider education law issues alongside the transport dispute and advise on the most appropriate course of action.

How can we help

Our specialist education solicitors can assist with:

  • Refusals of free school transport
  • Transport for children with SEND, ALN or disabilities
  • Unsafe or unsuitable transport arrangements
  • Transport appeals and reviews
  • School transport policies
  • EHCP and IDP related transport issues
  • Post 16 transport disputes
  • Children unable to attend school because suitable transport has not been provided
  • Potential judicial review proceedings

If your child is struggling to access school because suitable transport has not been provided, we can help you understand their rights, challenge the decision where appropriate and work towards a suitable solution.

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