Free School Transport: Entitlement, SEN and Disputes

Under the Education Act 1996 (as amended by the Education and Inspections Act 2006), local authorities must provide free home-to-school transport when:

• A child is under 8 years old and the distance from home to the nearest suitable school exceeds 2 miles.
• A child is 8 years old or over (up to compulsory school age, i.e. 16) and the distance exceeds 3 miles.

Distance is measured by the shortest route along a public highway (not as the crow flies). The route must also be safe — if the walking route is unsafe and no safe alternative exists, the council has an additional duty regardless of distance. "Suitable school" means a qualifying school providing education appropriate to the child's age and ability — not necessarily the parent's preferred school.

If parents choose a school further away than the nearest suitable school, the council has no statutory duty to fund transport to that more distant school, though it may do so at its discretion.

Children from low-income families have additional transport rights. You qualify if your child receives Free School Meals (FSM) or if you are in receipt of the maximum level of Working Tax Credit. In these circumstances:

• If your child is aged 8 to 11, free transport applies to the three nearest qualifying schools within 2 miles of home.
• If your child is aged 11 to 16, free transport applies to the three nearest qualifying schools within 6 miles of home.
• Children of any age from qualifying families are entitled to transport to any faith school within 15 miles that the child attends for reasons of religion or belief.

These extended rights were introduced in 2007 to support school choice for families on lower incomes. Check your council's transport policy, as some authorities fund transport more generously than the statutory minimum.

Children with special educational needs (SEN), disabilities, or medical conditions that prevent them walking to school have statutory transport rights that go beyond the standard distance thresholds. Under the Education Act 1996 and the SEND Code of Practice:

• If a child's EHC Plan or medical evidence establishes that they cannot reasonably walk to school, the council must arrange transport regardless of distance.
• Where an EHC Plan names a particular school (including a specialist provision), the council must fund transport to that school even if it is not the nearest school.
• Transport must be appropriate to the child's needs — for some children this means taxi or minibus with a passenger assistant rather than a standard school bus.
• The council can provide a Personal Transport Budget (PTB) instead of arranging transport directly, allowing families to make their own arrangements.

Disputes about SEN transport are particularly common. If transport is refused or inadequate, request a review and put your concerns in writing. The SEND Tribunal can hear appeals about EHC Plan content (including school named), which often has implications for transport.

If your transport application is refused, the council must give reasons in writing. You then have the right to appeal. The process in England typically has two stages:

1. Stage 1 — Review by a senior officer: Request a formal review. The council must notify you of the outcome within 20 working days.
2. Stage 2 — Review by an independent appeal panel: If still refused, you can request that an independent panel hears your appeal. The panel must include people not involved in the original decision. You are entitled to attend, make representations, and be accompanied. The panel's decision is binding on the council.

If you believe the council has acted unlawfully or maladministratively in handling your appeal, you can complain to the Local Government and Social Care Ombudsman (LGSCO). The LGSCO can award compensation and require councils to reconsider, but cannot overturn transport decisions on their merits — that is the role of the appeal panel.

In cases involving SEN transport linked to an EHC Plan, the SEND Tribunal is the appropriate route to challenge decisions about the school named in the plan itself.