There are four categories for Eligible Children:
· Children with SEN, a disability or a mobility difficulty
· Children whose route to school is unsafe
· Children who live beyond the statutory walking distance
· Children from low income families
Statutory walking distance
A child under the age of 8 is eligible for free travel to their nearest suitable school if it is more than 2 miles from their home.
A child aged 8 years or over is eligible for free travel to their nearest suitable school if it is more than 3 miles from their home
There is no expectation that the child will walk. It is for the parent to determine what arrangements would be suitable for their child.
Travel to school for children of compulsory school age Statutory guidance for local authorities January 2024
Qualifying school for transport
A qualifying school is a:
• A maintained (publicly funded) school or nursery
• Non-maintained special school
• Pupil referral unit
• University/college technical college , or
• An Academy
An independent school can also be a qualifying school if it is in Section I of the EHC plan and there are no comments saying parents will provide transport.
Home to school travel arrangements, in relation to an eligible child, are travel arrangements in both directions between the child’s home and the relevant educational establishment.
Children of Compulsory school age (5-16)
Section 508B of the Education Act 1996 states that Local authorities are required to arrange free, suitable, home to school transport for children of compulsory school age who are eligible, to their nearest suitable qualifying school
The Travel to school for children of compulsory school age Statutory guidance state:
“The arrangements should enable the child to travel in reasonable safety and comfort, and without undue stress, strain or difficulty, so that wherever possible they arrive at school ready to learn.”
“It may not always be necessary to provide children with ‘door to door’ transport in order to meet their needs.”
Travel times
As a general guide, the maximum journey time for a child of primary school age should be 45 minutes each way.
And 75 minutes each way for a child of secondary school age, including any time taken to walk to a pick-up point.
Children of Compulsory school age (5-16) with SEND and/or an EHCP
If a child has special educational needs (SEN), a disability or mobility problems which means they cannot reasonably be expected to walk to school, then they are an ‘eligible child’ and are entitled to home to school transport.
If a child has SEN, a disability or a mobility problem then walking them to school may not be safe or manageable.
If this is the case, then a child may be eligible for free home to school transport even if the school is within the statutory walking distance.
If a school is named in Section I of the EHCP and the Local Authority have agreed that, this school can meet the child’s needs they should provide the transport to that school unless stated otherwise.
If a parent decides on a school that is further away and there is a school closer that can meet needs then the Local Authority may name the parents’ choice in the EHCP with a caveat stating it is parental preference and transport must be paid by the parents.
Children under Compulsory school age (Below 5)
Children that are under school age are not automatically entitled to transport to school or early years settings.
Section 509A of the Education Act 1996 gives Local Authorities (LAs) the choice to make travel arrangements for children under compulsory school age that attend an early years setting.
For children that attend school but are under compulsory school age section 508C of the Education Act 1996 gives LAs the choice to make travel arrangements they feel are necessary in an effort to make sure that the child attends school.
The LA cannot refuse to make travel arrangements for those under compulsory school age just because there isn’t a strict duty to make them.
A LA cannot have a blanket policy which says that all children under compulsory school age are not allowed transport, it would have to be on a case by case basis.