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• 14 Feb 2022

• Yes

  Complex

  Yes, in some cases.

  The law here is in the EA1996, but not in the sections of that Act which were SEN specific and which have now been superseded by CFA2014.

  Unless someone else has made free travel arrangements, an LA must make such travel arrangements as it considers necessary in order to secure that suitable home to school travel arrangements, for the purpose of facilitating an “eligible child’s” attendance at the relevant educational establishment free of charge: EA1996 s508B(1). 

  “Eligible child” means of compulsory school age and includes children living beyond the statutory walking distance and children with SEN, a disability or mobility problems registered at a school within that distance who by reason of SEN etc. cannot reasonably be expected to walk to school: EA1996 Schedule 35B paragraph 2.

  “Relevant educational establishment” means (essentially) nearest suitable school: EA1996 s508B(10).

  “Travel arrangements” means transport or, with the consent of parents, an escort to accompany the child or payment of expenses: EA1996 s508B(2). It follows from the above that parents of children with SEN cannot be required to escort their child (although some LAs have unlawfully tried to require this).

  It does not necessarily have to be door to door transport, and it can be lawful to use pick up points other than at the home of the eligible child: R (M and W) v LB Hounslow [2013] EWHC 579 (Admin) #21. However, and in any event, the transport must be non-stressful: R v Hereford & Worcestershire ex p P (1992) 2 FCR 732. 

  The LA in determining what it considers necessary can take account of cost and practicality, and there is no duty to provide transport from after school clubs, or before the end of the day where a child has medical appointments in the week: P v East Sussex CC [2014] EWHC 4634 (Admin). 

  Travel arrangements made by a parent only displace the LA’s duty if the arrangements are made voluntarily: EA1996 section 508B(5).

  Go to Glossary

  

  Noddy 'no-nonsense' Guide
  Authors: David Wolfe QC, Leon Glenister

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