SEND school transport: your rights explained

12 hours ago

5 min read

Every autumn, the same story repeats itself across the country: children with Education, Health and Care Plans (“EHC Plans”) stuck at home, unable to begin the new school year because transport arrangements have not been materialised. Maybe the local authority has withdrawn a taxi that ran fine last year. Maybe a new application has been refused outright. Maybe the "reasonable" journey now offered means an hour on a minibus with children your child doesn't know, no one trained in how to manage a meltdown, and a route that triggers sensory overload before the school day has even begun.

If any of this sounds familiar, here's something many families don't realise: school transport for children of compulsory school age (5-16) is a legal obligation, and many decisions made by local authorities each autumn (and throughout the year) simply aren't lawful.

The Legal Framework: What Local authorities Must Do

The starting point is Section 508B of the Education Act 1996. This creates a legal duty on local authorities to make suitable travel arrangements for "eligible children" so they can attend their designated school. In addition there is statutory guidance on home-to-school travel and transport, which local authorities must have regard to when making decisions. In practice, this means a local authority cannot simply decide transport is "too expensive" or "not our policy" and leave it there. If your child meets the eligibility criteria, the local authority has to make suitable arrangements so your child can get to school.

Who Qualifies for Free School Transport

Under the eligibility rules, a child is generally entitled to free transport to a school if:

They live beyond the statutory walking distance from that school and it is their nearest suitable school (roughly two miles for under-8s, three miles for children aged 8 and over); or
They cannot reasonably be expected to walk to the school because of their Special Educational Needs (“SEN”), disability, or mobility problem — even if the distance is short; or
The school is named without qualification in their EHC Plan.

What "Unable to Walk" Actually Includes

This is where local authorities most often get it wrong. "Unable to walk" is not just about physical mobility. The statutory guidance is clear that a much wider range of needs must be considered, including:

Anxiety and mental health difficulties that make an unsupported walk to school unsafe or unmanageable
Sensory processing needs, where traffic, crowds, or noise on a walking route cause significant distress or dysregulation
Safeguarding concerns, including road safety awareness, stranger danger, or a tendency to run (often called "bolting")
Autism, ADHD, and other conditions where the demands of independent travel — reading social cues, managing transitions, coping with unpredictability — are beyond the child's current capability

If your child has any of these needs and a local authority has refused transport purely because the walking distance is "within policy," ask them, in writing, to explain how they've considered your child's specific needs against the statutory guidance. A generic distance-based refusal that ignores your child's individual needs is likely to be open to challenge.

Common Unlawful Refusals — and How to Spot Them

Watch out for these frequently cited reasons for rejecting transport applications:

Blanket policies ("we only provide transport over three miles, no exceptions") applied without any consideration of your child's specific needs
Refusals that ignore the EHC Plan entirely, treating the transport decision as completely separate from the plan that names the school and describes the child's needs

If the transport itself is causing distress once it's running — long routes, unsuitable vehicles, unfamiliar or poorly trained escorts, persistent lateness — that's also worth challenging. Suitability isn't just about getting from A to B; it has to be appropriate for the child using it.

How to Challenge a Refusal

Request the decision in writing, including the reasons and how your child's needs were assessed against the criteria.
Use the local authority's formal transport appeals process. Every local authority must have one, usually with two stages: an initial review, then an independent panel review if you're unhappy with the outcome of the initial review. Submit medical evidence, a copy of the EHC Plan if they have one, and any professional reports (Educational Psychologist, Occupational Therapist, paediatrician) that support your case.
Escalate to the Local Government and Social Care Ombudsman (“LGSCO”) if the local authority's own appeal fails or the process is unreasonably delayed. The LGSCO regularly finds against local authorities on transport decisions, particularly where individual needs weren't properly assessed.
Where transport is tied to the school named in the EHC Plan, and the real dispute is about placement rather than logistics, this can become a matter for the SEND Tribunal rather than the transport appeals route. If the local authority is trying to name a different (e.g., cheaper, closer) school specifically to avoid a transport cost, that's likely to be a placement issue.
Keep a clear paper trail throughout — every email, every refusal letter, every piece of evidence about your child's needs.

If your child is in or approaching Year 12 or beyond, the rules change significantly – and not for the better. Read the SEND Advocacy blog on post-16 SEND transport rights for what to expect as your child moves into further education.

Frequently Asked Questions

When is my council legally required to provide school transport for my child?

Under Section 508B of the Education Act 1996, local authorities have a legal duty to make suitable travel arrangements for "eligible children" of compulsory school age (5–16) to attend their designated school.

What distance makes my child eligible for free transport?

Generally, beyond the statutory walking distance to their nearest suitable school — roughly two miles for under-8s and three miles for children aged 8 and over — provided that school is the nearest suitable one.

Can my child qualify for transport even if we live close to the school?

Yes. If your child cannot reasonably be expected to walk because of SEN, disability, or a mobility problem, they may qualify regardless of distance.

Does "unable to walk" only cover physical disabilities?

No. It also covers anxiety and mental health difficulties, sensory processing needs, safeguarding concerns (like road safety or "bolting"), and conditions like autism or ADHD where independent travel demands exceed the child's current capability.

My council says transport is "not our policy" for my child's distance — is that lawful?

Not necessarily. A blanket policy applied without an individual assessment of your child's needs may be unlawful.

What can I do if transport is refused or the arrangements offered are unsuitable?

Request the decision in writing, use the council's formal transport appeals process (usually two stages), and escalate to the Local Government and Social Care Ombudsman if needed.

When is a transport dispute actually a SEND Tribunal matter?

When the real disagreement is about the school named in the EHC Plan rather than the logistics of getting to the school — for example, if the local authority has named a particular school specifically to avoid transport costs.

If your child or young person is struggling with education, SEND Advocacy can provide information, advice and support to help ensure they receive the provision to which they are entitled. If you need someone in your corner to help you secure the education they deserve, contact SEND Advocacy today.