Home to School Transport

The provision of home to school transport is governed by law, statutory guidance and local authorities’ own policies. 

Blanket policies which restrict eligibility

Some local authorities have blanket policies which limit eligibility to children with SEND who:

• live outside the statutory walking distance 
• have an EHC plan, or one that specifies transport arrangements 
• attend out-of-authority schools 
• attend special schools 
• have physical/medical difficulties only. 

Such policies are not lawful. Children of compulsory school age who cannot reasonably be expected to walk to school because of a special educational need, 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. 

Equality issues

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. Equality issues may relate to:

• travel passes and bus routes 
• children and young people below and above compulsory school age 
• the ability of disabled parents to accompany a child on a walking route. 
• no door-to-door transport 

Some local authorities are now expecting parents
to take children to pick up points instead of being collected from the home address. 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. 

If you would like to speak to us to find out more about how we can support you on the issues mentioned above, please contact us by emailing info@senpower.co.uk