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The information below applies to England only. Local authorities may be able to provide your child with free or partially subsidised transport to their school.
Local authorities can provide different kinds of transport, including; a dedicated taxi or minibus service with or without an escort, car mileage allowance, bus passes, or travel cards. By law, local authorities have to provide free transport for certain groups of eligible children, but may provide free or subsidised transport to other children who do not fall into these groups.
The local authority should consider the nature of your child’s individual needs. They should decide if your child requires special arrangements such as an escort, or equipment such as specialised seating. The mode of transport they select must be safe and “non stressful”.
This will depend on all circumstances, including the walking distance between home and school, safety of the route, family and social circumstances, health, additional needs and/or disability. There are additional rules for families on low incomes and for parents wanting a particular faith school. Low income families are defined as those whose children are entitled to free school meals and/or receive the maximum level of Working Tax Credits.
Children between the ages of 8 and 11 from low income families must have travel arrangements made for them if they live more than two miles from their nearest qualifying school.
Local authorities generally have a duty to provide free school transport to the child’s nearest suitable school if it is beyond the statutory walking distance from their home. This is defined as up to two miles for pupils under 8 years of age and up to three miles for pupils aged between 8 and 16.
A child with SEN or a disability will not automatically get free transport to school, even if they have a statement. Local authorities have a duty to provide free school transport to pupils up to the age of 16 where they consider it ‘necessary’ in order to get them to the nearest suitable school.
Local authorities can provide transport to pupils who live within the statutory walking distance but cannot walk to school due to medical reasons, or learning or behavioural difficulties. This could include children with long term conditions such as autistic spectrum disorder or temporary injuries such as a broken ankle.
Guidance recommends a maximum single journey time of 45 minutes for a primary school child and 75 minutes for a secondary school child. However for some children with additional needs the recommended maximum journey time may be much shorter than this.
If your preferred school is beyond the statutory walking distance but the local authority considers that there is a nearer suitable school, the local authority does not have to provide free school transport. For a child with special educational needs, the nearest suitable school may not be the closest school to their home: it will be the nearest school that can meet their needs.
When naming a school in a statement of special educational needs, a local authority can take the cost of transport into account and may reject a parent’s preference on the grounds that there is a nearer suitable school and it would be an inefficient use of resources to send the child to the parents’ preferred school.
If your child is turned down for free transport to school, or you feel they have been offered unsuitable transport, the local authority must have an appeal procedure. Ask your local authority school transport department for details of how to appeal a transport decision.
Transport is not usually included in a statement as an educational need. You cannot appeal to the SEN tribunal solely against a refusal to provide transport to a school for a pupil with a statement. However if the local authority has named a nearer school you do not think is suitable, you can appeal to the tribunal, and try to show that the only suitable school is one which is further away. If you won this appeal, the local authority would be obliged to provide transport to your preferred school.
Local authorities must publish their Home to School Transport Policy every year. They should have a clear policy on transport for children with special educational needs. This can usually be found on their website or you could telephone the local authority and ask them to send you a copy.
Rules about who can receive transport to school are found in the government document: Home to School Travel and Transport Guidance. All local authorities must have regard to this guidance.
Remember, you can contact us free on 0808 808 3555, or post a query on Facebook or Twitter and one of our SEN advisers will get back to you. Alternatively drop us an email helpline@cafamily.org.uk