New school transport guidelines released by UK’s Department for Education

As reported by Special Needs Jungle, The Department for Education’s latest school transport guidelines offer crucial insights to navigate complex local authority policies and ensure seamless transportation for students of compulsory school-age

The Department for Education issued new guidance on school transport in June 2023. Although the underlying law (s508 Education Act 1996) has not changed since it was inserted into the Act in 2006, this is the third version of the guidance that has been issued.

The motivation behind the changes is in part research carried out by Contact in 2016-17, which confirmed the fact all too well-known to parents that many local authority transport policies are difficult to find, obscure and unlawful. The changes were consulted on in 2019 but were not updated despite the effects of the pandemic on children’s mental health and the like.

Nevertheless, the good news is that the DfE has in part succeeded in its declared aim of clarifying the guidance, and there are elements which promise to be distinctly useful to parents in the perennial fight to make LAs comply with the transport obligations. 

What does the updated guidance say?

LAs are reminded that:

• They must consider each transport application on its own merits and should not be rigidly sticking to their policies.
• They have duties under the Equality Act 2010, including the duty not to discriminate on the basis of disability.
• Children with SEND or who have mobility difficulties may be eligible for transport even if they live within statutory walking distances, and do not have to have an EHCP. In our experience, it still seems to surprise some LAs that children with SEND living within walking distance of their school are eligible for transport.
• Provision of transport costs must cover both return journeys unless it is inappropriate, e.g. if the parent works near the school. This demolishes a favourite tactic of some councils, that an agreement is to pay for transport only for those legs of the school journey when the child is actually in the vehicle.
• Means, including disability benefits, are not to be taken into account.
• LAs must give as much notice of changes to transport arrangements as possible, given they’re frequently dealing with children who have difficulty with changes in routine. At this time of year, with the new term just started many parents still waiting for confirmation of transport details, so it may be worth reminding LAs of this.
• LAs must take reasonable steps to meet medical needs (e.g. anaphylactic shock, asthma, seizures) during journeys.
• Behavioural problems on transport are often the result of SEND, and transport can only be withdrawn as a last resort. LAs will still have to meet their education duties to the child concerned and cannot simply tell parents it’s their responsibility. Many LAs’ policies have in the past included a provision allowing them to withdraw transport due to poor behaviour.
• LAs cannot assume parents will provide transport without their consent. It is unlawful to insist without consent to limiting transport provision to, for instance, a travel allowance or mileage for parents. LAs also need parental consent for arrangements for providing escorts, including expecting parents to act in that capacity.
• The guidance states that LAs may “consider it appropriate” to make arrangements for transport at times other than the beginning and end of the school day for children who cannot attend all day, such as for medical reasons. However, we suggest this is inadequate: there is nothing in the statute limiting the transport duty school hours.
• Local transport policies must be published on LA websites and in the SEND Local Offer. They should be easy to find, clear, and give information on how to apply for free transport, plus how to appeal.

Some clarification is also given around the fact that the transport duty is limited to children attending the nearest suitable school, i.e. a qualifying school that is suitable for the child’s age, ability and aptitude and any SEN.  if the child cannot attend the nearest suitable school as it is full but a place later becomes available, LAs should not expect them to move or withdraw transport if they don’t.

Where the child has an EHCP, the school named (including independent schools) will normally be considered the nearest suitable school. LAs can name a preferred school which is not the nearest conditionally on the parent paying some or all of the travel costs, which should be recorded in writing. The guidance recommends that this should be by way of a formal letter.