Q:

11.03 Does an LA ever have to provide home-school/college transport for 18-25s?

Noddy 'no-nonsense' Guide

Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
14 Feb 2022

Answer Now

A: SenseCheck

  • 1 Yes
  • 0 No
  • 0 Other

Sort

  • 14 Feb 2022
  • Yes

    Complex

    Yes. The LA “must make such arrangements for the provision and otherwise as they consider necessary” free of charge, for the purposes of (1) facilitating the attendance of adults at particular institutions (2) facilitating the attendance for those with a LA at their placements: EA1996 section 508F.

    The duty is a weaker duty than that for eligible children of compulsory school age. In addition COP2015 #9.214-217 is unclear in this respect, in particular appearing to cite a “free-standing rule allowing transport needs to be included in an EHCP if exceptional circumstances could be shown to exist, despite section 508F”: Staffordshire CC v JM [2016] UKUT 246 (AAC)#40.

    Go to Glossary

    Noddy 'no-nonsense' Guide

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