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School transport

A man helps a young child in a wheel chair into the back of the school minibus

School transport is an important consideration for families with children or young people who have special educational needs and disabilities (SEND), or other special requirements such as mobility issues.

The way that school transport is managed is covered by laws which are set out in the .

Under , local authorities are under a duty to provide free school transport to eligible children and have a discretion to make travel arrangements for all other children. contains the definition of an eligible child in respect of this duty.

Suitable travel arrangements for school aged children

The Department for Education defines suitable travel arrangements, and advises that home to school transport:

  • must enable an eligible child to reach school safely, reasonably stress free and ready for a day of study
  • should have a suggested maximum reasonable journey times of 45 minutes for primary school children, and 75 minutes for secondary school children
  • maximum distances will depend on a range of circumstances, including the age of the child, their individual needs and the nature of the routes
  • providers and escorts must be subject to enhanced DBS checks and have received disability equality training

says that local authorities must also promote the use of sustainable travel and transport for all children and young people of compulsory school age who travel to receive education in the local authority’s area.

See further information on travel to school or college:

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School transport up to 5 years old

For young children below compulsory school age there is no direct duty to arrange transport; compulsory school age starts the term following a child's fifth birthday.

However, the Education Act 1996 gives local authorities discretionary power to make transport arrangements for children under 5 years old.

Council’s should have a policy setting out what they may provide to these children. There is no requirement for transport arrangements to be free of charge, but the local authority can do this if they chose.

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School transport for children aged 5 to 16

School transport law is set out in the Education Act 1996. Local authorities are under a duty to provide free school transport to eligible children.

Eligible children are defined as children of compulsory school age who:

  • are unable to walk to school by reason of their special educational needs (SEN), disability, or mobility problems including temporary medical conditions
  • are unable to walk in safety to school because of the nature of the route
  • live beyond the statutory walking distance from school
  • are from low income families

Compulsory school age starts the term after your child’s 5th Birthday, and ends the last Friday in June of the academic year in which they turn 16.

The statutory walking distance, as defined by the Education Act, is:

  • 2 miles for children aged from 5 to 8-years-old
  • 3 miles for children aged from 8 to 16-years-old

The statutory distance is measured by the shortest route along which a child, accompanied if necessary, may walk safely.

Special rules about distance apply to children from low income families.

Eligible children only qualify for free transport to the nearest qualifying school.

A qualifying school is defined as the nearest publicly maintained school with places available, that provides education appropriate to the age, ability and aptitude of the child, inclusive of any SEN that the child may have. This includes academies and pupil referral units.

For children with SEN, if a school is the only school named in Education, Health and Care Plan (EHC Plan), this means it is considered the nearest suitable school for school transport.

You only need to satisfy one of the eligibility categories, if your child is eligible due to SEN, disability or mobility problems, the other categories are irrelevant.

See further information on School transport for children aged 5 to 16:

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Transport for children with additional requirements

Children aged 5 to 16 may be entitled to home to school transport if they have SEN, a disability or mobility problems, which mean they cannot reasonably be expected to walk to school, provided the local authority has made no arrangements for attendance at a nearer suitable school.

The local authority will consider whether a child could reasonably be expected to walk if accompanied, and whether their parent can reasonably be expected to accompany them.

It may also be unreasonable to expect a child to walk to school because they lack a sense of danger.

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Suitable travel arrangements for 16 to 18-year-olds

As is the case for school-age children, the post-16 guidance also says that councils should consider the impact of a learning difficulty or disability on a young person’s ability to walk the distance to school or college, and the nature of the route.

As with children of compulsory school age, young people should be able to reach their place of learning without undue stress that would prevent them from benefiting from the education provided.

Journey times of up to 75 minutes each way is usually considered reasonable for this age group.

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Transport for students aged 16 to 18

Under local authorities have a duty to support young people of 6th form age in education or training. This means students aged 16 to 18, but also includes 19-year-olds if they are continuing on a course started before the age of 19.

Councils do not have a duty to provide free transport for young people of 6th form age. Councils have the discretion to determine what transport and financial support are necessary, however they should consider individual circumstances before reaching a decision. As Councils do not have to provide free transport, the offer might include part-funded travel such as a bus pass or travel card, or might include travel training. Arrangements should also be in place to support low income families.

Councils must also publish an annual transport policy statement setting out what reasonable travel choices are available to help students aged 16 to 18 to participate in education or training.

In 2014 the government issued statutory guidance on ‘Post-16 transport and travel support to education and training’ (updated in January 2019) which Councils must consider in deciding their local policy. The guidance states the various factors that must be taken into account when assessing what arrangements are needed.

Paragraph 6 of the ‘Post-16 transport and travel support to education and training’ says the overall intention of the 6th form age transport duty is to ensure that:

  • learners of 6th form age are able to access the education and training of their choice
  • if support for access is requested, this will be assessed and provided where necessary

See further information on School transport for students aged 16 to 18:

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Transport for adult learners

Under the local authorities have a duty to encourage, enable and assist the participation of young people with SEND up to the age of 25 in education and training. It therefore follows that local authorities should include information on what transport arrangements are available for this age group.

Law relating to transport to education settings is set out in the Education Act 1996. Under section 508F local authorities have a duty in respect of ‘adult learners’ who are over the age of 19. If they started a course of further education before their 19th birthday, they remain of 6th form age until they complete that course.

See further advice and information about transport for adult learners:

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Transport for students aged 16 to 18 with additional requirements

The 16 to 18 transport duty applies to young people of 6th form age with SEND aged up to 18, and beyond the age of 19 if they are continuing on a particular course started before the age of 19.

Councils also have a duty under the Education and Skills Act 2008 to encourage, enable and assist the participation of young people with SEND up to the age of 25 in education and training. It therefore follows that local authorities should include information on what transport arrangements are available for this age group.

Young people with SEND may need help with transport because they may not be able to travel to their education setting due to their disability or mobility problems, or where they have to travel further afield to attend a suitable setting.

See further advice and information about transport for students aged 16 to 18 with additional requirements:

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Transport and Education, Health and Care Plans

A child or young person does not need an Education, Health and Care Plan to be eligible for transport on the grounds of SEND, and an EHC Plan does not automatically mean that free transport will be provided. It will depend on whether your child or young person can reasonably be expected to walk to the school and whether there is a nearer suitable school.

If City of York Council believe that the child or young person is not attending their nearest suitable school, they will either not provide free transport or will provide some assistance with transport. The level of assistance provided maybe determined by the difference in the cost of provision of transport between the nearest appropriate school, and the school of parental choice. This may result in the parent or carer having to make a contribution towards the cost of transport.

Transport and travel arrangements can be raised and discussed at the child or young person’s EHC Plan annual review and given specific consideration at key transition phrases in education.

If City of York Council names a residential school or college at some distance from the family home, reasonable transport or travel assistance will be provided. This might be through:

  • reimbursement of public transport costs
  • reimbursement of petrol costs
  • provision of a travel pass

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Apply for help with transport to school or college

If you think your child or young person may be eligible for assistance with transport, please read City of York Council’s Transport Policy (section B) for information about pupils requiring special arrangements:

Any queries relating to transport should be directed to:

City of York Council School Services,
West Offices,
Station Rise,
York,
YO1 6GA

You can contact School Services on telephone: 01904 551554, or email: education@york.gov.uk.

See further information about school transport in York:

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York Independent Living and Transport Skills

York Independent Living and Transport Skills (YILTS) offers travel training to vulnerable people.

They work with 11 to 25-year-olds who have an EHC Plan and adults in social care who receive support from the Learning Disabilities Team.

Staff from YILTS will assess and support your child or young person to become independent travellers. Many young people have gained great confidence through becoming an independent traveller.

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Challenging a transport decision

In 2014, the government issued covering children up to the age of 16, which councils have a duty to have regard to. This says that local authorities should have in place a robust appeals procedure, should parents have cause for complaint or disagreement concerning their child’s eligibility for travel support.

Appeals procedures should be published alongside travel policy statements.

City of York Council information includes a link to the home to school transport policy.

Stage 1 Transport Review

If you're unhappy with the decision the City of York Council has made about your transport support, you can request a review by a senior officer.

For more information about the Stage 1 Transport Review see Section F of the home to school transport policy: (City of York Council).

You should prepare your supporting evidence, and give details about how or why you feel a policy is unfair, unlawful or has been applied incorrectly.

You can provide supporting information about your child or young person’s disability or risk around getting to school or college safely.

Possible evidence might include:

  • your child or young person’s views, for example have they indicated they feel unable to, or are worried about getting to school or college on their own?
  • experiences of managing your child when ‘out and about’, for example if they are prone to risky behaviour, or are unable to understand a bus timetable for example
  • any information which shows that the suggested journey will cause stress or prevent your child from arriving ‘ready to learn’, for example long journey times, unsafe route or the number of bus changes
  • needs and provision within an EHC Plan, for example specific sensory or learning difficulties, mobility issues, or concerns around safety
  • letters or reports from medical practitioners explaining any health or mobility needs
  • copies of educational notes, school or college reports, support plans, incident or behaviour logs
  • social care reports or Family Early Help Assessment meeting notes, notes recording any difficulties keeping your child safe

If you're unhappy with the review decision you could now appeal to an independent appeal panel, known as a Stage 2 Transport Review.

Stage 2 Transport Review

If you're unhappy with the Stage 1 review decision about your transport support, you can request an appeal with an independent appeal panel.

For more information about the Stage 2 Transport Review see Section F of the home to school transport policy: (City of York Council).

If you feel that you've been affected by an unlawful policy and your child should be entitled to home to school transport then you can .

If you're unhappy with the response from the local council following your complaint, you can complain to the .

SEND Tribunal

Where you disagree with the local authority about the suitability of a school named in a final EHC Plan you can appeal to the SEND Tribunal.

The SEND Tribunal only has jurisdiction to deal with transport disputes where they relate to such an appeal, where parents and the council disagree over which school should be named in an EHC Plan. The SEND tribunal does not have jurisdiction over cases which concern transport alone.

If parents disagree with the council’s decision about transport they can appeal through City of York Council’s Transport Review process.

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