Transport to school or college

If your child doesn’t have an EHC Plan and is just starting school, as you have applied for a place at a school (as part of the school admissions process) North Yorkshire Council will automatically assess your child’s eligibility, so you do not need to apply.

If your child has an EHC Plan and that plan names a school that is over the walking distance and meets the eligibility criteria, you will need to complete a transport application form.  This can be gained through your EHC Casework Officer.

A child is eligible if they are of compulsory school age, attend their nearest suitable school and:

• live more than the statutory walking distance from that school –

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.

• could not reasonably be expected to walk to that school because of their special educational needs, disability or mobility problem, even if they were accompanied by their parent –

To be eligible on these grounds, a child does not need to:

• have an Education Health and Care plan (EHC plan); or
• have travel to school specified in their EHC plan if they have one; or
• attend a special school; or
• live beyond the statutory walking distance.

Not every child with an EHC plan or who attends a special school will be eligible for free travel to school.

The local authority will need to assess eligibility on the grounds of special educational needs, disability or mobility problems on a case-by-case basis.

• would not be able to walk to that school in reasonable safety, even if they were accompanied by their parent

          A child is eligible for free travel to school if:

• They attend their nearest suitable school, and
• it is within the statutory walking distance of their home, and
• the nature of the route means they could not be expected to walk there in reasonable safety even if accompanied by their parent, and
• there is no alternative route within the statutory walking distance that they would be able to walk in reasonable safety, even if accompanied by their parent.

When assessing whether a route can be walked in reasonable safety, the local authority should consider the whole of the route.

My child has an EHC Plan

For children with an EHC Plan parents’ have the right to ask for a particular school to be named in the EHC Plan.

The law states:

The local authority must name the parents’ preferred school in the plan unless it would be unsuitable for the child’s age, ability, aptitude or special educational needs, or incompatible with the efficient education of others or the efficient use of resources.

Where a child is eligible the LA should take into account the cost of travel as part of this decision.

The LA also need to take into account when naming a school in an EHC Plan the effect the journey may have on the child and their ability to learn when they arrive at school.

Although transport should not normally be recorded in a child’s EHC plan, when the local authority names the parent’s preferred school on the condition that the parent arranges or pays for the travel, they may set out this condition in Section I of the plan.

In this instance, should the parent’s circumstances change and they are no longer able to pay or arrange transport the local authority may arrange a review of the EHC Plan and reconsider the parent’s preferred choice of school to determine whether it would be incompatible with the efficient use of resources.  The LA may amend the EHC Plan to name a different school that would be appropriate for the child’s needs.

A child is not automatically eligible for free home to school travel because of their special educational needs, disability, mobility problem, or due to route an unsafe route, if they would be able to walk to school if accompanied. 

Where a local authority determines this, the expectation is that the parent will accompany the child or make other suitable arrangements for the child’s journey to school.  The Department for Education guidance Travel to school for children of compulsory school age (publishing.service.gov.uk) (external link), clearly states that a child will not normally be eligible solely because of parents’ work commitments, or caring responsibilities that mean they are unable to accompany their child themselves.  However, the local authority much act reasonably.

The local authority must not impose a blank policy and must consider cases where a parent states there are good reasons why they cannot accompany their child.  Circumstances the local authority should take into account:

If a parent has a disability or mobility problem and cannot make other suitable arrangements.

Parent’s working pattern and other children attending different schools, on their own, would not be considered good reasons as to why a parent cannot accompany their child to school as these apply to many parents and, in most circumstances, it is reasonable to expect the parent to make suitable arrangements to fulfil their various responsibilities.

For children of secondary school age who due to their special education needs and disability or mobility problem cannot be expected to walk unaccompanied the local authority should be sensitive to the particular challenges parents of such children may face.

Local authorities must make arrangements to enable a child to travel to school for the beginning of the school day, and to return home at the end of the school day.

They are not required to make arrangements:

• for children to travel between institutions during the school day;
• to enable children to attend extra-curricular activities and other commitments outside school hours; or
• to enable children to get to and from before and after school childcare, whether formal (for example, a childminder) or informal (for example, a grandparent)

My child attends a residential school

If you child attends a residential school the local authority must provide reasonable free travel to enable the child to attend that school. For example, for weekly boarders on a Monday and Friday or for full-time boarders before and after school breaks up.

Legislation permits the local authority to meet their duty for eligible children in a range of alternative ways, provided they have the consent of the parent. For example:

• provide expenses to enable the parent to make their own travel arrangements for their child;
• pay a cycling allowance to enable a child to cycle to school;
• provide independent travel training* to a child where it is appropriate to do so;
• provide someone to escort the child, for example when they are walking or wheeling to and from school;
• local authority minibus
• taxis

*As part of preparation for adulthood (from Y9 onwards) consideration needs to be made about increasing a young person’s independence.  If a young person travels in a taxi to and from school the LA may consider as part of increasing a young person’s independence whether they might be able to travel on a public service bus with support.

Wherever possible, the local authority should offer ‘independent travel training’ to children with special educational needs or disabilities who are eligible for free travel to school and who they think will be able to complete the programme.

Independent travel training is a tailored programme to help children with special educational needs or disabilities travel independently, for example by public transport or walking.

Once an eligible child can travel independently, their travel arrangements may need to be reviewed.

Parental consent must be sort by the local authority for travel training to be put in place.

The short answer is yes.

The guide is – 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.  However, North Yorkshire is a rural county and journeys may need to exceed that limit due to the rurality of where the child lives, or during heavy traffic at peak periods.

The safeguarding of children is of paramount importance.

The Local authority should ensure that:

• an enhanced Disclosure and Barring Service (DBS) check, with a check of the children’s barred list, should be carried out for drivers and passenger assistants involved in providing dedicated school transport;

• drivers and passenger assistants should have received any training they need to perform their role in relation to safeguarding;

• drivers and passenger assistants should know how to report any concerns they have about the children in their care;
  

For more information about keeping your child safe and the training drivers and passenger assist receive see Travel to school for children of compulsory school age (publishing.service.gov.uk)

Young people are required to stay in education or training until their 18th birthday.

Every young person aged 16 or 17 should be offered a suitable place in education or training for more information.

The statutory responsibility for transport for 16–19-year-olds (who have started a course before their 19th birthday) rests with local authorities.

The local authority has a duty to provide an annual transport statement detailing the transport arrangements or otherwise that the LA consider necessary to facilitate attendance of all sixth form age young people receiving education or training.  This is North Yorkshire Councils statement: Post-16 Transport Policy Statement 2024-2025 (northyorks.gov.uk).

This duty applies to young people of sixth form age and young people with EHC plans up to age 25 where they are continuing on a course started before their 19th birthday. 

The duty is to ensure:

• learners of sixth form age are able to access the education and training of their choice; and

• if support for access is requested, this will be assessed and provided where necessary.

Additionally, the local authority has a duty if required to make arrangements for transport in respect of:

• adults (i.e. those who are aged 19 or over*) for the purpose of facilitating their attendance at their college course, and
• young adults with an EHC plan (which can only be maintained up until the age of 25) for attendance at a college or institution where they are receiving education or training outside the further and higher education sectors.

* This duty applies only to young people who are attending a course which they started after their 19th birthday, including those with EHC plans.

Where the local authority makes such arrangements, any transport provided must be free of charge. Should the local authority decide not to provide transport arrangements, they still have discretion to pay all or part of the reasonable travelling expenses for the young person.

The adult transport duty is to ensure that:

• Those with the most severe disabilities with no other means of transportation are able to undertake further education and training after their 19th birthday to help them move towards more independent living

For more information you can visit the Department of Education’s guidance: Post-16 transport and travel support to education and training (publishing.service.gov.uk)

You can also take a look at what North Yorkshire Council say Transport to sixth form or college | North Yorkshire Council .

Follow this link to ‘What if I am not happy with a decision or situation’

Road Safety GB | Home (External)

DBS checks: detailed guidance – GOV.UK (www.gov.uk) (External)

Statutory taxi and private hire vehicle standards – GOV.UK (www.gov.uk) (External)

Taxi and private hire vehicle licensing: best practice – GOV.UK (www.gov.uk) (External)

North Yorkshire information on school/college transport – 

School transport for reception to year 11 children | North Yorkshire Council 

Transport to sixth form or college | North Yorkshire Council 

Transport for SEND children in primary and secondary school | North Yorkshire Council 

Information on transport to school or college for specific age groups –  

Early Years

Children under 5 | (IPSEA) Independent Provider of Special Education Advice

Children of statutory school age. (5-16)

Children of compulsory school age (aged 5 to 16) | (IPSEA) Independent Provider of Special Education Advice

Transport in England | Contact

Young people aged 16-19

Young people aged 16 to 19 | (IPSEA) Independent Provider of Special Education Advice

Transport for young people over 16 in England | Contact

Young people aged 19 or over

Young people aged 19 and over | (IPSEA) Independent Provider of Special Education Advice

Transport for young people over 16 in England | Contact

Other useful information on school transport –

Free school transport – GOV.UK (www.gov.uk)

Independent travel training | Contact

Legal Rights Service – Cerebra – for young people up to 16 years of age.

My child can’t walk to school, but the council says it doesn’t have to provide transport because we live within walking distance from the school – Cerebra

Challenging school transport policies in England | Contact

Transport – childlawadvice.org.uk 

Appealing decisions about transport | (IPSEA) Independent Provider of Special Education Advice