Home to School Transport
Since the DFE guidance was updated in June 2023 many local authorities have changed their transport policies to save money. Parents have told us they are struggling to get their transport applications processed by local authorities and lots of children and young people are struggling with no means of getting to their placements.
Local authorities are giving out budgets so that parents/young people can make their own transport arrangements and lots of sixth formers especially are not able to get into school because the funding shortfall is huge. There is a general feeling that there is a lack of organisation around transport, and that the quality of provision appears to be taking second priority to cost.
It is important for parents to know that despite the DFE guidance being updated the law itself is still the same.
For children of compulsory age, the LA has a responsibility to provide transport for any child who attends a school over 3 miles away and the LA can’t force budgets on parents which is what they seem to be doing.
Where you have sixth formers over school age the law is slightly more complicated in that there is only a discretion. However, there is quite a strong argument, that whilst there is only a discretion, the LA have an obligation to arrange the provision in an EHCP, which means there is only one rational way the LA can exercise its discretion, and that is to provide transport.
If a child is compulsory school age the LA absolutely cannot force a budget on the parent.
Parents can challenge the local authority through a judicial review if the child is unable to access their placement due to the lack of transport. Most local authorities have their own general appeals procedure for transport. However, if the situation is urgent i.e., the child is out of placement then parents can go straight to letter before action judicial review pre action protocol letter and include within that letter “if you consider you have an internal appeals procedure, take this letter as an appeal, and provide us with the decision within 14 days”.
Please get in touch for advice if you have concerns about transport.