SEND School Travel Assistance Policy

5.1 Special educational needs, disability or mobility problems

Not every child with an EHC plan or who attends a special school will be eligible for free travel to school.

Peterborough City Council will need to assess eligibility on the grounds of special educational needs, disability or mobility problems on a case-by-case basis. The assessment will take account of:

• Whether the child is attending nearest qualifying school that provides education appropriate to the age, ability and aptitude of the child, and any SEND that the child may have.
• The child’s physical ability to walk to school.
• Any health and safety issues related to their special educational needs.
• Whether they would be able to walk to school if they were accompanied.

The following information may be taken into account when assessing a child’s eligibility for transport assistance and where relevant provision to be offered:

• Information provided by the parent;
• Information provided by any professionals involved in the child’s care, for example, an educational psychologist or hospital consultant;
• Information provided by the child’s school;
• Any relevant information in the child’s EHC plan.
• Any relevant information in their individual healthcare plan if they have one. 

For applications where the home to school distance is under the statutory walking distance ( 2 miles for Reception to Year 3 and 3 miles for Year 4 to Year 11) a decision will be made in regards to transport eligibility and provision at Transport Panel, the panel is made up of the Transport Eligibility Officer, Passenger Transport Operations and a Senior Statutory Assessment and Monitoring Team Officer. 

Wherever possible, children with an EHCP should be treated in the same way as those children without, i.e. in general they should walk/cycle to school, travel on public transport, or be taken by parents. They should be encouraged to develop independent travel skills. All children will been encouraged to use public transport as soon as possible as part of their development of independence skills. Peterborough City Council will endeavour to provide independent travel training where this is deemed as suitable. Where it is deemed necessary a bus pass for a parent/carer to accompany their child on public transport may also be provided.

It may not always be necessary to provide children with ‘door to door’ transport in order to meet their needs. Many will be able to walk to a suitable pick-up point to be collected, provided they would be able to do so in reasonable safety, accompanied by their parent if necessary. Some children’s needs will mean they need to be collected from their home. Parents are responsible forgetting their children to and from the nearest vehicle boarding point where appropriate. 

Transport by a contracted service e.g. taxi, minibus will only be granted when it can be clearly demonstrated that the child cannot travel by other means.

A child's home address is the address of their main residence. Where a child lives with separated parents who have shared responsibility, the home address is considered as the one that the child lives at for most of the calendar week. Where a child lives for an equal amount of time with each parent, the home address will be considered as that of the parent who receives child benefit in respect of the child concerned. Where this is inconclusive, the address registered with the child’s GP or the school will be used. Evidence may be required to support the transport assistance application. 

Transport assistance will only be provided from the “home address”, and it is parental responsibility to ensure that a child can get to and from school when residing at an alternative address. We will check full address data for a sample of applicants each year, to ensure this is the child’s main residence. 

Where transport has been provided in error, transport will continue for up to 6 weeks (one half term) after the error is discovered, in order to allow parents time to make alternative arrangements. 

If at any time, there is a change to the infrastructure which may affect a child’s entitlement to transport (a change to the network of safe walking routes) school transport entitlement will be reassessed. Following this re-assessment, if a child is no longer entitled to transport assistance, then transport will continue for up to 6 weeks (one half term) after the re-assessment, to allow parents time to make alternative arrangements. 

Transport may be provided to take children to or from an immediate family member, childminder or after school club provided all of the following conditions are met: 

• That no additional cost will be incurred by the City Council in diverting the transport to or from alternative family member, the childminder or the after school club.
• That the diversion of the transport to the alternative family member, childminder or afterschool club does not impact on the journey time of other travelling children by more than 15 minutes per single journey and as long as the total journey time does not exceed 45 minutes.

5.2 Nearest appropriate centre / Parental Choice 

Under the Children and Families Act 2014. Parents have the right to ask for a particular school to be named in their child’s EHC plan (when the plan is first drawn up and when the local authority amends the existing plan). The local authority must name that school in the plan unless it would be unsuitable for the child’s age, ability, aptitude or special educational needs, or incompatible with the efficient use of resources this includes the cost of transportation.

This means that, where a parent would prefer their child to attend a school that is further away from their home than the nearest school that would be able to meet their needs, the local authority may: 

• Name a different school that would be appropriate for the child’s needs (this may be the nearer school), or
• Name the parent’s preferred school on the condition that the parent arranges the travel or provides some or all of the cost of the travel, or
• Name the parent’s preferred school on the condition that they arrange the travel (or provide some or all of the cost) and name a different school that would be appropriate for the child’s needs and to which the authority would provide transport.

Transport will not be provided for:

• Parents/carers or children to attend extra school activities e.g. school plays, sports days or parent evenings.
• Children to attend doctor or dental appointments, as these should be arranged out of school hours.
• Children to attend breakfast clubs or out of school activities.
• Additional non statutory learning – not agreed by the LA.

Transport assistance will only be provided at the start and end of the school day.

Where particular classes, year groups or pupils have a start or finish time that is different from most pupils at the school, it will not normally be possible for the local authority to make separate travel arrangements. 

5.3 SEND children attending out of city placements and boarding placements

Where an appropriate provision to meet the needs of a child as specified in their EHCP is not available within the City Council area. Such children are eligible transport by the City Council with travelling arrangements which will minimise the length of journey time as much as possible. However, shared transport may be applicable.

Parents or carers are responsible for the transport and costs for visits to prospective schools. Transport will be provided as per the educational placements term dates depending on the type of placement (i.e. weekly or termly), and at other school closure times, i.e. half term breaks or approved closure weekends.

5.4 Children attending an alternative provision

A school may find on occasions that they are not able to provide the full curriculum timetable and make arrangements with another service provider to provide alternative education.

Where this occurs, the school arranging the alternative education provision will be responsible for the payment of any associated transport costs for the child to attend that provision.

Where this is a City Council led decision, agreed by the Statutory Assessment and Monitoring Service the transport will be funded by the City Council, transport eligibility and provision type will be decided at Transport Panel.

5.6 Children in care 

Section 508B of the Education Act 1996 requires local authorities to make travel arrangements for ‘an eligible child in the authority's area’. This means that, in all circumstances, the local authority in whose area an eligible child lives is responsible for their home to school travel - including the cost of the travel, where they are eligible.

The re-arrangement of transport for a child with an EHCP will not normally be considered for those who are to remain at a foster address for less than six weeks this will usually be funded by the Children’s social care team. For the first six weeks of a new placement Children’s Social Care will be required to fund the cost of any transport provision.

At the end of the six week period, The Statutory, Monitoring and Assessment Team will require written confirmation from Children’s Social Care that the foster placement has lasted for six weeks and is expected to continue. The cost of transport will then revert back to the Education transport budget. 

5.7 Children in respite care 

Enquiries for Respite Care Transport should be directed to the Children’s Social Care Team to be assessed and reviewed on an individual basis.

5.8 Children undergoing assessment in special schools

Where a child has been identified as having significant educational needs to the extent that a mainstream placement is unlikely to meet their needs, transport to attend a special school for an assessment of need will be considered, even though the child does not yet have an EHCP.

The assessment period should not exceed two school terms, by which time the assessment should have been completed and a decision on whether an EHCP is required, will be taken.

Transport to the appropriate school will then be considered under existing criteria.

5.9 Children failing to travel on transport

When a child fails to utilise transport provision without justification for three consecutive days transport is to be suspended pending investigation as to cause, the Passenger Transport Team will liaise with the school and parent to understand the reasons as to why transport has not been used. This will only be reinstated where an undertaking is given and the family makes an agreement that the child will use the transport provision in place in the future.

If the child then fails to use the transport again a decision may be made to suspend the provision for the remainder of that term at the discretion of the City Council.

Where this suspension is invoked it will be the parent’s responsibility to transport the child to their educational placement.

6.1 Personal Transport Budgets

Parents and carers of children who have an EHCP and who are eligible for free transport under this policy may be eligible for a personal transport budget (PTB). This is funding to assist in getting a child to school or college. It allows parents to make flexible travel arrangements rather than travelling on a vehicle contracted by the council. This arrangement will not apply if a contractor is able to make transport provision at a lower cost.

PTB payments can be used by a parent in a number of ways for example: 

• Drive your child to school yourself.
• Arrange for a friend or relative to cycle or walk with your child.
• Car share with other parents.
• Get a bus pass for a friend to go with your child.
• Pay for a bus pass for your child.
• Pay for childcare for another child – so you can take your eligible child to school.
• Work with the school to join up with other parents.
• Use it towards the cost of a taxi or share the cost of the taxi with other parents.

A personal transport budget for children with SEND will be calculated using the shortest route measured from home address to the school or college address at the enhanced rate of @ 0.70pper mile.

For example where the home to school distance is 5 miles, a personal transport budget will be calculated as follows:

PTB’s do not affect any other benefits as the payment is made in relation to the child/young person, not the parent/carer and so should not affect your benefit or tax situation. If you have concerns that it may impact on your tax situation, you may want to seek your own advice from a tax expert in relation to your personal circumstances. 

6.2 Cycle Allowance

An allowance of £100 per term will be paid to parents of children who are entitled to transport assistance but wish to cycle to school instead.

Such allowances will only be payable where the cost of transport would exceed the amount of the cycle allowance. Allowances will not be payable to children travelling on any other form of transport.

7.1 Children with medical conditions

Children may be eligible for assistance with transport to their nearest, specialist or designated school in exceptional circumstances, e.g. where a medical condition seriously affects their ability to walk or cycle to school whilst the condition persists. 

Applications should be made to the Passenger Transport Operations Team. An assessment of eligibility for transport assistance will be made by the Transport Panel. 

Such assistance will be at the discretion of the Council and may also require further verification by the consultant looking after the child.

7.2 Children with sensory impairment 

In exceptional circumstances, children with a sensory condition which requires particular specialist provision only available at specified schools within the City Council area may be eligible for assistance with transport.

Such assistance is at the discretion of the Council and will require verification by the medical consultant looking after the child (if relevant) or the manager of the appropriate sensory service.

The maximum distance children will be expected to travel to make their own way to a pick-up point, will be one mile for primary and secondary children, unless determined otherwise by the Council. 

Home to school distance is measured by the shortest, safe walking route from the gate or access to the child’s home to the nearest gate or access to the school along which a child, accompanied as necessary, may walk or cycle with reasonable safety. The route may include footpaths, bridleways, bridges, under-passes, and any other pathways as well as recognised roads.

If a parent or carer claims that the walking or cycling route to school is unsafe, an assessment of that route will be considered by the Passenger Transport Operations Team in association with the Network Management Team. Any safety assessments will be made with the assumption that children will be accompanied by a responsible adult. Reference will also be made to the availability of public transport and safe cycling routes. 

The following factors will be considered, but other factors will not be excluded if found pertinent to the assessment of the safety of the walking route:

• If a public footpath totally separated from roads is available, it must normally be made up with a hard all weather surface, i.e. tarmac, gravel etc. to be acceptable as a route.
• The presence of suitable refuges adjacent to a road (e.g. a verge).
• The volume, speed and type of traffic.
• Visibility, i.e. sharp bends with a high hedgerow or bank.
• The accident record of the road during times of high usage by school children.

The safety of a walking route may also be considered if the responsible adult available to accompany a child to school is registered disabled (see section 3.7). An adult’s disability does not automatically preclude the ability to accompany their child to school. 

The route will be assessed by the Passenger Transport Operations Team and, if necessary, with the advice of a professional working for one of the agencies representing people with the disability in question.

Entitlement to transport on safety grounds may be withdrawn immediately if there are changes to the nature, structure, and alignment of the route to school, resulting in a route that is now deemed to be safe. For example, if an existing route, deemed unsafe due to the density of traffic, is by passed resulting in a quantifiable change in the nature of the road hazards, transport may be withdrawn if a child lives less than the qualifying distances (see sections 3.1 and 3.2).

The City Council may use its discretion to provide transport assistance for children affected by a school closure or by a reorganisation of schools. Only children in attendance at a school affected at the time of closure or reorganisation who live within the catchment area for the school may, at the discretion of the Service Director for Education, be provided with transport assistance to the new school for as long as they continue to live within the area of their previous school. The level of assistance will be determined by the Service Director for Education during the review process and can be reviewed at any time.

Occasions arise where the behaviour of children on home to school transport is not acceptable. Any child who misbehaves in a manner which causes offence to others or poses a risk to safety will be investigated by the Passenger Transport Operations Team in liaison with the school/college and, if upheld, disciplinary action including suspension or permanent withdrawal of transport may be imposed on any child involved. 

In such situations, the parent or carer will be responsible for ensuring subsequent attendance at school and the costs of any transportation required. The decision whether to permanently withdraw transport will be made following consultation between the Passenger Transport Operations Team, the Head teacher of the school.

Passenger assistants (escorts) will only be provided if deemed necessary by the Service Director for Education. Drivers and passenger assistants must be approved by the City Council and have satisfactory Enhanced Disclosure and Barring Service check. Approved drivers and passenger assistants will be issued with a photo-identity badge which they are required to have with them at all times whilst carrying out their professional duties. Consideration will be given to: 

• The nature and length of the journey.
• The child’s special educational needs.
• The age of the children using the transport.
• The number of children using the transport.
• Where there are more than sixteen children aged under seven years travelling together on a vehicle. 

The City Council has a duty to provide safe and non-stressful journeys to ensure children can gain maximum benefit from the education they receive at school or college. Transport services are monitored on a regular basis and also in response to any incidents which may occur. Action will be taken to ensure the safety of the children and to resolve any operational issues.

As a general guide, the maximum journey time for a child of primary school age should be 45 minutes each way, and 75 minutes each way for a child of secondary school age, including anytime taken to walk to a pick-up point, but there will be circumstances in which this is not possible, for example in rural areas where children live in remote locations, where a child needs to travel along way to the school named in their EHC plan, or when journey times are extended by traffic delays. 

Where an application for home to school transport provision is approved in error, the City Council will withdraw the provision as follows: 

• Where the child is in the final two years of a public examination course, on completion of that course.
• In all other cases, at the end of the half term in which the error is found. 

Other persons, in approved circumstances, may travel on contracted transport (e.g. school staff, carers) provided no additional costs to the City Council are incurred, that a seat is available and that the use is authorised with the express permission of the Passenger Transport Operations Team. The City Council may request an approved DBS Check for any adults covered under this clause.

The City Council recognises that exceptional emergency situations may arise that are not covered by this policy. These will be reviewed on receipt of an application detailing all aspects of the emergency and the relevant officer will make the decision whether or not to grant transport assistance. 

Any parent who has been refused assisted school/college transport may appeal to the Appeals Committee (Service Issues) if they wish to challenge:

(1) the refusal is not in line with this policy.

(2) the transport arrangements offered.

(3) that there are exceptional reasons to depart from this policy.

17.1 Stage One: Review by the Team Manager, Passenger Transport Operations 

A parent has 20 working days from receipt of the home to school transport decision to make a written request to the Team Manager, Passenger Transport Operations asking for a review of the decision. 

The written request should detail why the parent believes the decision should be reviewed and give details of any personal and /or family circumstances the parent believes should be considered when the decision is reviewed.

Within 20 working days of the parent’s written request the Team Manager, Passenger Transport Operation will review the original decision and send the parent detailed written notification of the outcome of their review, setting out:

• The nature of the decision reached.
• How the review was conducted.
• Information about other departments and /or agencies that were consulted as part of the process (if applicable);
• What factors were considered;
• The rationale for the decision reached;
• Information about how the parent can escalate their case to stage two (if appropriate).

17.2 Stage Two: Review by an independent appeal panel 

A parent has 20 working days from receipt of the Team Manager's stage one written decision notification to make a written request to escalate the matter to stage two.

Within 40 working days of receipt of the parents request an independent appeals panel made up of Councillors will consider written and verbal representations from both the parent and officers involved in the case and gives a detailed written notification of the outcome (within 5 working days), setting out: 

• The nature of the decision reached;
• How the review was conducted;
• Information about other departments and /or agencies that were consulted as part of the process (if applicable).
• What factors were considered;
• The rationale for the decision reached;
• Information about the parent’s right to put the matter to the Local Government Ombudsman (see below). 

Local Government ombudsman – parents have a right of complaint to the Local government Ombudsman, but only if there is evidence of a failure by the council to comply with the procedural rules or if there are any other irregularities in the way the appeal has been handled. If the complainant considers the decision of the independent panel to be flawed on public law grounds, the complainant may also apply for a judicial review.

One of these reasons must be set out in the application for appeal. 

The appeals process will be undertaken in accordance with the following principles:

17.3 Procedure

If parents/carers or children wish to appeal against a transport decision made by the City Council, within 20 working days from receipt of the home to school transport decision which the appeal is made, they should contact:

Passenger Transport Operations Team

Children and Young People Services

Peterborough City Council

First Floor

Sand Martin House

Bittern Way

Fletton Quays

Peterborough

PE2 8TY

Telephone: 01733 317455

Email: educationtransport@peterborough.gov.uk

17.4 Transport appeal hearings

Unless there is an emergency or extenuating circumstances, appeals will normally be held monthly during term time.

17.5 Safety of route site visit

The panel may decide to visit a site or review a route before or during an appeal hearing, which may assist in their decision. Where a visit to a site or route is to be arranged, the following maybe invited to attend dependent on the circumstances of the claim: 

• All other transport appeal panel members.
• City Councillors representing the relevant ward.
• The parent or carer or their representative.
• Representatives of the Service Director for Education, as appropriate.
• Relevant independent City Council staff.

Passenger Transport Operations Team

Telephone: 01733 317455

Email: educationtransport@peterborough.gov.uk

Website: www.peterborough.gov.uk/schooltransport

Statutory Assessment and Monitoring Service

Telephone: 01733 863996/01733 863934

Email: SENTeam@peterborough.gov.uk

School Admissions Team

Council

Telephone: 01733 747474

Email: admissions@peterborough.gov.uk

Traveline

Telephone: 0871 200 22 33

Website: www.traveline.org.uk

A2.1 Local authority

The local authority i.e. the City Council, which, for this policy, is the Council of Peterborough City Council.

A.2.2 Home

A child’s ‘home’ for the purposes of this policy is the place where s/he is habitually and normally resident (as defined by the Department for Education Home to school travel and transport guidance: Statutory guidance for local authorities). Assistance with transport will only be given to and from the nearest pick-up point for public or other transport to the child’s home. It is not to be assumed that ‘home to school’ necessarily means door to door (unless the child is not capable of getting to the nearest pick-up point or the arrangements put in place include a planned pick up from home.)

Sections 509 A-E in conjunction with schedule 35 of the Education Act 1996 relate to School Travel. Sections 508B and 508C of the Act make provision for local authorities to ensure that suitable travel arrangements are made, where necessary, to facilitate a child’s attendance at school. These provisions apply to home to school travel arrangements, and vice versa. They do not relate to travel between educational institutions during the school day. 

Parents are responsible for ensuring that their children attend school regularly. However, section 444(3B) of the Act provides that a parent will have a defence in law against a prosecution by a local authority for their child’s non-attendance at school where the local authority has a duty to make travel arrangements in relation to the child under section 508B and has failed to discharge that duty. 

Section 508B of the Act deals with the duty on local authorities to make such travel arrangements as they consider necessary to facilitate attendance at school for eligible children. Schedule 35Bof the Act defines eligible children – those categories of children of compulsory school age (5-16) in an authority’s area for whom free travel arrangements will be required local authorities are required to:

Statutory walking distances eligibility:

• Provide free transport for all children of compulsory school age (5-16) if their nearest suitable school is:
• Beyond 2 miles (if below the age of 8);

or

• Beyond 3 miles (if aged between 8 and 16).

Special educational needs, a disability or mobility problems eligibility:

• Make transport arrangements for all children who cannot reasonably be expected to walk to school because of their mobility problems or because of associated health and safety issues related to their special educational needs (SEN) or disability. Eligibility, for such children should be assessed on an individual basis to identify their particular transport requirements. Usual transport requirements (e.g. the statutory walking distances) should not be considered when assessing the transport needs of children eligible due to SEN and/or disability.

Unsafe route eligibility:

• Make transport arrangements for all children who cannot reasonably be expected to walk to nearest suitable school because the nature of the route is deemed unsafe to walk.

Extended rights eligibility: 

Provide free transport where children are entitled to free school meals or their parents are in receipt of maximum Working Tax Credit 12 if:

• The nearest suitable school is beyond 2 miles (for children over the age of 8 and under11);
• The school is between 2 and 6 miles (if aged 11-16 and there are not three or more suitable nearer schools);
• The school is between 2 and 15 miles and is the nearest school preferred on the grounds of religion or belief (aged 11-16).

Consideration has also been taken under the European Convention on Human Rights (ECHR): parents do not have any right to have their children educated at a faith or secular school, or to have transport arrangements made by their local authority to and from any such school. 

It is understood that although provision of the Equality Act 2006 do not apply to the exercise of an authority’s functions in relation to transport (s 51 (2) (b) Equality Act 2006), we are aware of the obligations under human rights legislation. 

This statement of policy sets out the way in which the City Council has decided to exercise its powers and duties to provide home to school transport as laid down in the Education Act 1996 and the Education and Inspections Act 2006.