SEND Transport

For some disabled children or those with special educational needs, it may not be possible for them to make their own way to school, either accompanied by a parent/carer or independently, because their school is too far away or because they are not able to walk or use public transport in the same way as other children.

Local authorities (LAs) must make free travel arrangements for these children.

The information below applies to children of compulsory school age (5-16) in England.

If your child cannot reasonably be expected to walk to school because of a special educational need, disability or mobility problem, they will be entitled to free school transport regardless of the distance they live from the school. An assessment must be made on the child’s individual needs.

If your son/daughter has an Education, Health and Care Plan (EHCP) and requires transport, please discuss with your EHCP Co-ordinator. Information on Westmorland and Furness Council’s arrangements for the provision of SEND transport can be found on the Local Offer.

Under 5’s

Most children now start school in the September after their 4th birthday. There is no duty to provide transport until children reach compulsory school age – the term after they turn five – but there is discretion to do so.

School Preference for Children and Young People with an EHCP

If your child has an EHCP, you have the right to request for your preferred school to be named in section I of the plan.

If the EHCP names your preferred school with no conditions and it is the only school named, then it automatically counts as the closest suitable for transport purposes. The local authority must provide free school transport if your child is eligible.

Suitable School Transport

The local authority has a duty to provide suitable transport that is “non-stressful.” The courts have defined this as transport that enables a child “to reach school without undue stress, strain or difficulty such as would prevent him from benefiting from the education the school has to offer, […] [and] to travel in safety and in reasonable comfort.”

Local Authorities should assess suitability of transport on an individual basis. Some factors that may be considered are medical needs, health and safety, and behaviour.

Statutory guidance recommends maximum journey times of 45 minutes for primary-aged children and 75 minutes for secondary. The guidance also has some helpful examples of journey times for children with Special Educational Needs and/or Disability (SEND).

Travel to School Guidance for Children of Compulsory School Age

Staff Training

Guidance is clear that all staff should have up-to-date training, including on:

Safeguarding.
Handling emergency situations, including medical emergencies.
Supporting and communicating with children with disabilities.
Meeting the specific needs of the children travelling.

SEND Tribunal

If there is a dispute over the closest suitable school and the Local Authority has put more than one school in section I of the EHCP or a note to say that parents will be responsible for school transport, you can appeal to the SEND tribunal to have your preference named as the only school.