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• 24 Feb 2025

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  Transporting a CYP between the locations at which EOTAS (if in an EHCP) is provided (where that is done at multiple locations as part of a package) is not “home to school” transport, except possibly at the start and end of the educational day and so the LA powers and duties in relation to such provision are not relevant (nor are the limitations on provision which they involve).

  Such transport is also unlikely to be “special educational provision” unless it educates or trains. More: >11.04 Is transport “educational” and therefore... 11.04 Is transport “educational” and therefore within the FTT’s jurisdiction?

  However, transporting a CYP between locations is part of the context for the wider legal delivery of that SEP (like having toilets in a school, for example), and it is unlikely parents can be required to provide that transport. Even if transport is not SEP (and therefore does not form part of the duty to deliver SEP in CFA2014 s42) it would be a necessary exercise of the LA’s powers to do things incidental to the exercise of its powers (Local Government Act 1972 s111(1)) or the LA ‘wellbeing power’ in Local Government Act 2000 s2(1). The position is akin to the provision of transport for pupils generally to an offsite educational element or a school visit.  

  

  Noddy No-nonsense Guide
  Authors: David Wolfe KC, Leon Glenister

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