Legal Update Q&A: School transport assistance

Q I have moved home recently and my seven-year-old child has been provided with a school place more than two miles from our home. I am worried about how I will get him to school. Can I get any assistance with transport?

A The local authority has a duty to provide school transport to children in their area and this is explained in the guidance entitled Home to School Travel and Transport Guidance, which outlines the application of the law contained in the Education Act 1996.

The local authority will have to make suitable arrangements for all children of compulsory school age to ensure that home-to-school transport is provided if the nearest suitable school that the child is attending is not within statutory walking distance.

The current statutory walking distance for children under eight years old is two miles, and three miles for children aged eight years and over.

If there were no nearer school placements available for your child, then the local authority has a duty to provide suitable home-to-school transport. In addition to this general duty a local authority has duties towards “eligible” children (i.e. a child who is unable to walk to school due to special educational needs, disability or mobility problems, or who is in receipt of free school meals or whose parents are in receipt of the maximum amount of working tax credit). A local authority also has discretionary powers to provide transport to a child who would not fall into the category of an eligible child.

You should contact the local authority and request an application for home-to-school transport. If refused, you can appeal the decision by following the procedure contained in the local authority home-to-school transport policy.