Is my child entitled to free school transport?

The duty in the Education Act 1996 is owed to children of compulsory school age travelling to their nearest suitable school — not to whichever school the family preferred. Distance is measured along the shortest available public route rather than as the crow flies, and the route must also be safe: where no safe walking route exists, transport must be provided whatever the distance.

The main entitlements

• Under 8 — more than 2 miles from the nearest suitable school.
• 8 and over — more than 3 miles.
• Low-income families (free school meals, or maximum Working Tax Credit): for ages 8 to 11, any of the three nearest qualifying schools within 2 miles; for 11 to 16, any of the three nearest within 6 miles; and any faith school within 15 miles attended for reasons of religion or belief.
• SEND, disability or a medical condition preventing the child from walking: transport regardless of distance, and to the school named in an EHC plan even if it is not the nearest. It must suit the child's needs — for some that means a taxi or minibus with a passenger assistant rather than a bus.

One point that repeatedly rescues applications: if the nearest school is full, the duty shifts to the nearest school with a place available. Ask the council to confirm in writing that the closer school could not offer a place.

If you are refused

The council must give written reasons, and there is a two-stage appeal. Stage 1 is a review by a senior officer, with the outcome due within 20 working days. Stage 2 is an independent panel including people not involved in the original decision; you can attend, make representations and be accompanied, and the panel's decision binds the council.

Where the council has handled the process badly rather than simply decided against you, complain to the Local Government and Social Care Ombudsman, which can recommend compensation and a fresh decision but cannot substitute its own view on the merits. Where the real dispute is about the school named in an EHC plan, the SEND Tribunal is the right route, because transport usually follows the placement.

Councils can offer a Personal Transport Budget or mileage instead of arranging transport, which many families prefer. Post-16, the duty becomes a discretionary power, so sixth-form and college transport policies vary sharply between areas.