School Transport
The government has issued statutory guidance called Travel to school for children of compulsory school age (updated in June 23) Local Authorities (LA’s) must have regard to this when carrying out their duties on home to school travel.
It is useful to read the Local Government and Social Care Ombudsman's (LGSCO's) focus report on school transport. This explains clearly what LAs have to do when considering transport requests.
Who is entitled to free school transport?
To qualify as an "eligible child", the child must be of compulsory school age (5 - 16) attending a qualifying school and must fulfil one of the following criteria:.
- The child is living outside of the statutory walking distance of the nearest suitable qualifying school.
- For children aged over 5 but under the age of 8 the statutory walking distance is 2 miles from their home.
- For children aged over the age of 8 and under 16 the statutory walking distance is 3 miles from their home.
- The statutory distance is measured by the shortest route along which a child, accompanied if necessary, may walk safely.
- A suitable school is defined as the nearest qualifying school with places available that provides education appropriate to the age, ability and aptitude of the child and considering any Special Educational Needs (SEN) the child may have.
- A child’s home is defined as the place where he/she is habitually and normally resident..
- The child cannot reasonably be expected to walk to school because of their mobility problems or other health and safety concerns related to their SEN or disability.
- This will be assessed on a case-by-case basis.
- The LA will consider whether the child could reasonably be expected to walk if accompanied and whether the child’s parent can reasonably be expected to accompany the child..
- The child cannot reasonably be expected to walk the route to school because the nature of the route is unsafe to walk:
- The LA will consider whether the child could reasonably be expected to walk if accompanied and whether the child’s parent can reasonably be expected to accompany the child..
- The child is entitled to free school meals or their parents are in receipt of maximum Working Tax Credit and
- The nearest suitable school is beyond 2 miles (for children aged 8-11); or
- The school is between 2-6 miles and there are not 3 or more suitable nearer schools (for children aged 11-16). The distance is to be measured by vehicle routes; or.
- The school is between 2-15 miles and is the nearest school preferred on the grounds of religion or belief (for children aged 11-16). The distance is to be measured by vehicle routes. Religion or belief includes a lack of religion or belief and so also applies to an atheist parent’s wish for their child to attend a non-faith school..
Discretionary Powers
Even if your child is not an eligible child he/she might still be entitled to free school transport. LA’s have discretionary powers to make arrangements for children who are not eligible under the criteria above. The LA can ask for a contribution towards costs for this. It will be up to individual LA’s whether and how they will apply this discretionary power.
When can a Local Authority refuse transport?
If your child attends a school which is outside of the statutory walking distance but the LA can demonstrate that there is a nearer suitable school then it is not liable to provide transport. The LA must show that there is a real prospect that the child could get a place at that suitable alternative school.
Right of Appeal
There is a right of appeal if the LA refuses transport for your child. The LA must provide you with details of how to appeal. Guidance recommends a 2 stage process for any complaints relating to:.
- The transport arrangements offered
- Their child's eligibility
- The measurement of statutory walking distances
- The safety of the route
Further information on how Cumberland Local Authority organises school transport including how to appeal a transport decision can be found at: School Transport | Cumberland.
If an appeal is not successful, or you have further complaints about the way in which the LA are dealing with the appeal, you have a right of complaint to the Local Government Ombudsman (LGO) – complaints about LA transport arrangements are amongst those commonly dealt with by the LGO.
Further LGO details can be found from ISPEA.