Understanding school transport

This page provides information on free school transport to children and young people.

This guide applies to both maintained schools and academies. 

What does the Law say?

Under section 508A of the Education Act 1996 local authorities must promote the use of sustainable travel and transport for all children and young people of compulsory school age (5-16) who travel to receive education in the local authority’s area.

The duty to provide home to School transport is the statutory responsibility of the Local Authority, not the School.

Additionally, it is the duty of the parent/guardian to make the application for home to School transport to the Local Authority.

What types of School does this legislation apply to?

Under section508B and Schedule 35B of the Education Act 1996 local authorities are under a duty to provide free school transport to “eligible children”. To qualify as an eligible child, one criterion is that the child must be attending a ”qualifying School”.

A qualifying school, for the purpose of identifying an eligible child, includes:

• community, foundation or voluntary schools
• community or foundation special schools
• non-maintained special schools
• pupil referral units
• maintained nursery schools or
• city technology colleges (CTC), city colleges for the technology of the arts (CCTA) or academies, including free schools and University Technical Colleges (UTC)
• Independent schools, if named on a child’s statement or EHCP

Who is entitled to free school transport?

Home to school travel and transport guidance

To qualify as an “eligible child”, as well as being of compulsory school age and attending a qualifying school, the child must fulfil one of the following criteria:

• The child is living outside of the statutory walking distance of the nearest suitable maintained school.
  • For children aged 5-8 the statutory walking distance is 2 miles.
  • For children aged 8-16 the statutory walking distance is 3 miles.
  • The statutory distance is measured by the shortest route along which a child, accompanied if necessary, may walk safely.
  • A suitable school is defined as the nearest qualifying school with places available that provides education appropriate to the age, ability and aptitude of the child and considering any SEN the child may have.
  • A child’s home is defined as the place where he/she is habitually and normally resident.
• The child cannot reasonably be expected to walk to school because of their mobility problems or other health and safety concerns related to their SEN or disability.
  • This will be assessed on a case-by-case basis.
  • The local authority will consider whether the child could reasonably be expected to walk if accompanied and whether the child’s parent can reasonably be expected to accompany the child.
• The child cannot reasonably be expected to walk the route to school because the nature of the route is unsafe to walk
  • The local authority will consider whether the child could reasonably be expected to walk if accompanied and whether the child’s parent can reasonably be expected to accompany the child.
• The child is entitled to free school meals or their parents are in receipt of maximum Working Tax Credit and
  • The nearest suitable school is beyond 2 miles (for children aged 8-11); or
  • The school is between 2-6 miles and there are not three or more suitable nearer schools (for children aged 11-16). The distance is to be measured by vehicle routes; or
  • The school is between 2-15 miles and is the nearest school preferred on the grounds of religion or belief (for children aged 11-16). The distance is to be measured by vehicle routes. Religion or belief includes a lack of religion or belief and so also applies to an atheist parent’s wish for their child to attend a non-faith school.

What are the responsibilities of the School?

There is a responsibility on students to behave appropriately whilst travelling. Where any behaviour falls short of the required standards, the Local Authority has mechanisms to work with parents, school and transport providers to rectify problems.

Schools can cover behaviour on school transport under their behaviour and discipline policies and impose sanctions on the child for misbehaviour. It is possible for the school to withdraw transport, either temporarily or permanently, due to poor behaviour. Additionally, a school can also exclude a child for their conduct on School transport.

All vehicles providing home to school transport should have unobstructed access to and from the School premises. 

Post-16 Transport

There is statutory guidance published by the DfE in January 2019 to cover post-16 transport. 

Section 508A of the Education Act places a general duty on local authorities to promote the use of sustainable travel and transport. The duty applies to young people of sixth form age who travel to receive education or training in a local authority’s area. The duty relates to journeys to and from institutions where education or training is received.

There are five main elements to the duty which local authorities must undertake:

• an assessment of the travel and transport needs of children, and young people within the authority’s area;
• an audit of the sustainable travel and transport infrastructure within the authority’s area that may be used when travelling to and from, or between schools/institutions;
• a strategy to develop the sustainable travel and transport infrastructure within the authority so that the travel and transport needs of young people are best catered for;
• the promotion of sustainable travel and transport modes on the journey to, from, and between schools and other institutions; and
• the publication of Sustainable Modes of Travel Strategy.

Non-Attendance of Pupils

Parents are responsible for ensuring that their children attend school regularly under S.444(1) Education Act 1996: 

“If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school his parent is guilty of an offence”.

However, section 444(3B) of the Act provides that a parent will have a defence in law against a prosecution by a local authority for their child’s non-attendance at school where the local authority has a duty to make travel arrangements in relation to the child under section 508B and has failed to discharge that duty. Schools should be aware of this legislation when considering a pupil’s non-attendance and for maintaining the attendance register.