School Transport Rights and Appeals

When transport is refused, withdrawn or changed, parents can face uncertainty and frustration while trying to ensure their child can attend school safely and reliably. The rules are often complex and depend on factors such as age, distance, special educational needs, disabilities and mobility difficulties, with disputes potentially causing disruption to both the child and the wider family.

Understanding school transport rights

A suitable school or college placement is of limited value if a child cannot get there safely and reliably. School transport responsibilities vary depending on a child’s age and individual circumstances, and the rules can become particularly complex where special educational needs, disabilities or mobility problems are involved.

The local authority’s obligations differ for children under compulsory school age, children of compulsory school age, young people aged 16 to 19 and adult learners. Eligibility may depend on factors such as walking distance, the availability of a safe route to school and whether a child can reasonably be expected to walk. For some children, special educational needs, disabilities or mobility issues may mean they qualify for transport even where they live within the normal statutory walking distance.

Challenging school transport decisions

Parents may wish to challenge a decision where transport has been refused, where unsuitable arrangements have been offered, where support has been withdrawn, or where the local authority asks the family to contribute to transport costs. Disputes can also arise about whether a school is the nearest suitable school for a child or whether special educational needs, disability or mobility issues have been properly considered.

The first step is usually an appeal through the local authority’s transport appeal procedure. This commonly involves a review by a senior officer followed by consideration by an independent appeal panel. Depending on the circumstances, a dispute may also involve complaints to the Local Government and Social Care Ombudsman, overlap with SEND or admissions disputes, or require consideration of judicial review where a decision appears unlawful or procedurally unfair.

What are your child’s school transport rights?

The local authority’s responsibilities depend on the age of your child or young person.

Children under 5: Children below compulsory school age are not automatically entitled to free school transport. However, the local authority may provide a child with assistance if they are satisfied that, in the absence of assistance, that child would be prevented from having access to early years education.

Children aged 5 to 16: Local authorities must provide free, suitable home-to-school transport for eligible children of compulsory school age attending their nearest suitable qualifying school.

Your child may be eligible if they:

• Live beyond the specified walking distance.
• Cannot reasonably be expected to walk because of special educational needs, a disability or mobility problems.
• Have no reasonably safe walking route.

The usual statutory walking distance is two miles for a child under eight and three miles for a child aged eight or over. However, your child may still qualify if they live closer to school but cannot reasonably be expected to walk because of their individual circumstances.

The local authority may consider whether your child could walk if accompanied. It must also consider whether it would be reasonably practicable for a parent or another adult to accompany them. Your child does not need an Education, Health and Care Plan (EHCP) or a place at a special school to qualify for school transport.

Young people aged 16 to 19: There is no equivalent automatic right to free transport after compulsory school age. Each local authority must publish a Transport Policy Statement explaining the support available, the groups given priority, any charges and how decisions can be challenged.

Young people aged 19 and over: Different rules apply to adult learners aged 19 and over. The local authority is required to provide free transport for certain adult learners.

How do EHCPs affect school transport?

Section I of an EHCP identifies the school, college or other education setting that the child or young person will attend.

Disputes can arise where parents prefer a school further from home but the local authority considers that a nearer school could meet the child’s needs.

It is important to consider school transport before the placement in section I is finalised. Otherwise, parents may secure their preferred school but later discover that the local authority will not provide transport to that placement.

Why legal support matters

School transport disputes can disrupt a child’s education and place significant pressure on the family.

Problems may arise where a local authority:

• Fails to assess special educational needs, disability or mobility problems properly.
• Offers a journey that is unsafe, excessively long or stressful.
• Withdraws existing transport without adequate reasons or notice.
• Refuses post-16 support.
• Disputes which school is the nearest suitable school.

If an appeal does not resolve the matter, it may be possible to complain to the Local Government and Social Care Ombudsman. A transport dispute may also overlap with a SEND appeal concerning section I of an EHCP or with a school admission appeal.

Where a decision appears unlawful or procedurally unfair, or where the matter is too urgent for the usual appeal process, judicial review may need to be considered. Strict time limits apply in many school transport disputes, making early advice important.

How can we support you?

We provide clear, practical advice on school and college transport for children and young people of all ages.

We can consider eligibility, review the local authority’s decision and advise whether the transport offered is suitable. We can also explain how transport relates to an EHCP, including the placement named in section I.

Where a dispute arises, we can prepare representations, help you gather supporting evidence and guide you through the local authority’s appeal and complaints procedures. We can also advise on special educational needs and SEND appeals, school admission appeals, and judicial review and unfair school decisions.

We work proactively to identify the strongest route to a favourable outcome, explain your options clearly and seek transport arrangements that are lawful, practical and suitable for your daughter or son.