Q:
11.03 Can an LA be obliged to provide home to school transport?
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 01 Nov 2024
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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.
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