Q:

11.03 Can an LA be obliged to provide home to school transport?

Nodi No-nonsense Guide Wales

Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024

A: SenseCheck

  • 1 Yes
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  • 01 Nov 2024
  • Yes

    Complex

    Yes, in some cases. In each academic year, an LA must assess the learner travel needs of their area: s.2 LTM 2008. That requires specific regard to be had to the needs of learners including those who are disabled and those with learning difficulties: s.2(4) LTM 2008

    The LA will be required to provide free home to school transport in the following circumstances:

    • Learners in primary education will be entitled to free transport if they live two miles or more from their nearest suitable maintained school or non-maintained special school: s.3 LTW 2008. This also applies to an independent school 2 miles or more from the learner’s home where the learner has an SSEN: 1.23 LTSPOG 2014. 
    • Learners in secondary education will be entitled to free transport if they live three miles or more from their nearest suitable maintained school or non-maintained special school: s.3 LTW 2008. This also applies to an independent school 3 miles or more from the learner’s home where the learner has an SSEN: 1.24 LTSPOG 2014. 
    • Where such arrangements are necessary to facilitate the attendance of the child each day at the relevant place where the child receives education: s.4 LTW 2008. This could be for example where a learner of compulsory school age cannot safely walk (accompanied or unaccompanied) to their nearest suitable school, because of a disability or learning difficulty which they have.

    When considering whether a child is attending their nearest suitable school an LA must have regard to the child’s ALN when assessing whether the school is suitable: s.1 LTSPOG 2014. 

    Nodi No-nonsense Guide Wales

    Nodi No-nonsense Guide Wales
    Authors: Civitas Law education team