Free Transport To & From Schools
DOES YOUR LOCAL AUTHORITY PROVIDE FREE TRANSPORT OR ANY SUPPORT TO AND FROM SCHOOL?
Under section 508B and schedule 35B of the education act 1996 your local authority must provide free school transport for all children to and from home who are of compulsory school age as long as they meet the conditions set by the local authority. Compulsory school age is between 5 years and 16 years of age.
Your local authority will provide free transport under the following conditions:
- If there is no suitable school for your child to attend within legal and qualifying walking distance of your home.
- If your child has been refused a place at a suitable school within legal and qualifying walking distance of your home and they have to attend a school further away.
- Your child is under 8 years old and the school is 2 miles away.
- Your child is aged 8 or over and the school is 3 miles away.
- There is no safe way to travel from home to school.
- If your child has special educational needs and disabilities that prevent them from walking to school.
The legal walking distance for a child from home to school and vice versa is defined as the shortest route they can walk with safety. This walking distance includes roads, footpaths and pathways.
LINK TO GOVERNMENT WEBSITE FOR SECTION 508B OF THE EDUCATION ACT 1996
LINK TO GOVERNMENT WEBSITE FOR APPLYING FOR FREE SCHOOL TRANSPORT TO YOUR LOCAL AUTHORITY
LINK TO GOVERNMENT WEBSITE FOR FREE SCHOOL TRANSPORT.
For all schools maintained by the local authority, academies and free schools the government has written a guide which you can access if you click on the link below.
LINK TO GOVERNMENT WEBPAGE FOR STATUTORY GUIDANCE – HOME TO SCHOOL TRAVEL AND TRANSPORT
WHAT IF A CHILD DOES NOT QUALIFY FOR FREE TRANSPORT BUT IS IN NEED, CAN THE LOCAL AUTHORITY MAKE AN EXCEPTION?
Under section 508C of the education act 1996 your local authority has a discretionary power to give free school transport to and from school to some children who do meet the qualification criteria.
LINK TO GOVERNMENT WEBSITE FOR SECTION 508C OF THE EDUCATION ACT 1996
IF YOUR CHILD QUALIFIES FOR FREE TRANSPORT, WHICH SCHOOLS WILL YOUR LOCAL AUTHORITY PROVIDE IT FOR?
Your local authority will only provide free transport or support for qualifying children who attend the following schools:
- A private school written in a child’s EHC plan
- An academy
- A free school
- A university technical college
- A city technology college
- A city college for arts
- Voluntary school
- Community school
- Foundation school
- Maintained nursery school
- Pupil referral units
CAN YOUR LOCAL AUTHORITY PROVIDE FREE SCHOOL TRANSPORT TO A GRAMMAR SCHOOL?
This will depend upon your local authority. There is no uniform rule on this matter. Please refer to your local authority website for further details however the probability is that they will not.
IF YOUR LOCAL AUTHORITY AGREES TO PROVIDE FREE SCHOOL TRANSPORT OR SUPPORT WHO DECIDES WHICH TYPE OF TRANSPORT OR SUPPORT IS OFFERED?
Your local authority will decide which type of free school transport or other support will be provided. Some of the things or support your local authority could offer are:
- For your child to attend a travelling course. Also referred to as independent travel training.
- A free bus travel pass/oyster card for your child
- Minibus pick up and drop off
- Taxi service with an escort
- Taxi service without an escort.
- Paying for petrol mileage
- Walking attendant or travel buddy
CAN YOU GET HELP WITH SCHOOL TRANSPORT FOR A CHILD AGED 16 YEARS AND OVER IN EDUCATION?
You may be able to get help. You can contact your local authority and ask them. Click on the link below to go to your local authority website. If they offer any help with transport to travel to sixth form or a college they will inform you on the website.
LINK TO GOVERNMENT WEBPAGE TO FIND SUBSIDISED TRANSPORT FOR 16 TO 19 YEAR OLDS IN EDUCATION.
DOES BEING A FAMILY ON LOW INCOME ENABLE CHILDREN TO QUALIFY FOR FREE SCHOOL TRANSPORT?
To qualify for local authority help with free school transport the first criteria a parent needs to fulfil is:
- Your child is entitled to free school meals or you get the maximum working tax credit.
The local authority will then assess other factors such as:
- Your child is aged between 8 years and 11 years and the nearest school is at least 2 miles away.
- Your child is aged 11 years to 16 years and they attend a school between 2 – 6 miles away. The school must be one of the 3 nearest suitable schools.
- Your child is aged 11 years to 16 years and they attend a school between 2 – 15 miles away due to religious beliefs
HOW DO YOU APPLY FOR FREE SCHOOL TRANSPORT FOR A CHILD WITH SPECIAL EDUCATIONAL NEEDS AND DISABILITIES?
You must make the application through your local authority website. In most cases a suitable school will be mentioned in the child’s EHC plan (education, health and care plan). Transport to and from school if required for your child should be mentioned in the plan. If it is then the local authority will help if their eligibility criteria are met.
A EHC plan is done by the local authority for children with special educational needs and disabilities. It is discussed in detail elsewhere on this website. Please click the link below.
Transport to and from school should be a maximum 45 minutes each way for primary age children and 75 minutes each way for children of secondary school age.
Your local authority should have details on their website about transport provisions they have for special educational needs children. This will be part of the local offer.
WHAT IS THE LOCAL OFFER?
The local offer is a web page on your local authorities website that details all the provisions available for special educational needs and disability children and young people up to the age of 25 years. There will be information on support services available, social care and help and guidance on lots of issues. The local offer will also explain how to apply for a EHC plan for a child with special educational needs.
HOW DO YOU FIND A SAFE ROUTE TO TRAVEL TO AND FROM SCHOOL?
LINK TO GOVERNMENT WEBSITE FOR FIND SAFE WALKING OR CYCLING ROUTES TO YOUR CHILD’S SCHOOL.
WHERE CAN YOU FIND OUT INFORMATION ABOUT WHAT YOUR LOCAL AUTHORITY OFFERS WITH REGARDS TO FREE SCHOOL TRANSPORT?
Your local authority should detail their free school transport provisions for all children including special educational needs children on their website. You can access their travel assistance policy on their website and the application form to apply.
IF THERE IS ANOTHER SUITABLE SCHOOL THAT IS NEARER TO YOUR HOME CAN YOUR LOCAL AUTHORITY ASK YOU TO ATTEND THERE INSTEAD OF PROVIDING FREE TRANSPORT TO THE SCHOOL YOUR CHILD IS ATTENDING AT THE MOMENT?
Yes they can if there is space for your child to enrol at a school that is nearer to your home.
CAN A PARENT APPEAL A LOCAL AUTHORITY’S DECISION NOT TO PROVIDE FREE SCHOOL TRANSPORT?
Yes a parent can.
Appeal stage 1
The local authority letter of refusal will have instructions on how, where and within which time frame to lodge an appeal against the decision. This appeal must be lodged in writing within 20 working days of the date on the refusal letter.
A local authority officer will review the case and should reply to you within 20 working days of receiving your appeal. This forms stage 1 of your appeal. If you are happy with this decision then your appeal will end here. If you are not happy with the review then you can take your appeal to stage 2.
Appeal stage 2
The decision letter from the reviewing officer will have instructions on how, where and within which time scale you can escalate your appeals to stage 2 if you are not happy with the decision. A stage 2 review will be done by an independent appeal panel. You must submit your written appeal within 20 working days of the date on the decision letter received from the reviewing officer at stage 1.
The independent appeal panel should consider your case within 40 working days of receiving your appeal and then write to you with their decision.
CAN A LOCAL AUTHORITY PROSECUTE A PARENT IF THEY CANNOT GET THEIR CHILD TO SCHOOL BECAUSE OF TRANSPORT?
If it can be proved that under section 508B of the education act 1996 the local authority has not provided transport for a child where they should have or had a duty to and the child is not attending school, then under section 444(3B) of the education act 1996 the local authority cannot prosecute the parents.
LINK TO GOVERNMENT WEBSITE FOR SECTION 508B OF THE EDUCATION ACT 1996
LINK TO GOVERNMENT WEBSITE FOR SECTION 444 (3B) OF THE EDUCATION ACT 1996