2.1.2 Home to School Transport

SCOPE OF THIS CHAPTER

Other relevant Chapter: Children’s Transport and Activities Procedure

New Chapter July 2008

Introduction
Purpose
Scope
Definitions
Home to School Transport Policy
Pupils with a Statement of Special Educational Needs
Denominational Transport
Transport for Children Under the Age of Five
Transport for Children Eligible Under the Provisions made in The Education and Inspections Act 2006
Post 16 Pupils with SEN
Legislation
Calculations of Home to School Distances
Arranging Transport
Travel Passes
Review Procedure
Appeals Procedure
Guidelines for Officers when Considering the Transport of Pupils with a Statement of Special Educational Needs
Practice with Vehicles used to Provide Home to School Transport
Contact Details

1. Introduction

Like all Local Authorities, the Council must provide free home-to-school transport in certain situations as outlined in the Education & Inspection Act 2006 and other legislation and can extend transport provision beyond the legally required minimum if it chooses to do so. This document sets out the Home to School Transport Policy and how we will respond to requests for free home-to-school transport.

2. Purpose

This policy sets out the statutory duty of the Local Authority to provide free home to school transport and any discretionary provision made for pupils who do not qualify under the statutory duty.

The expected outcomes of the Home to school Transport Policy are:

To ensure that children on home to school transport reach their destination safe, on time and ready to learn.
To minimise the impact home to school transport has on the environment by encouraging walking, cycling and the use of public transport.
To increase awareness and understanding of the Council’s duty to provide home-to-school transport.

3. Scope

The Policy applies from September 2007 for:

new applications for home-to-school transport.
pupils attending primary school;
pupils attending secondary school;
pre-school children undergoing assessment at specialist nurseries.

This Policy does not apply to young people over the age of 16 attending sixth forms in schools or further education. There is a separate Post 16 Home to School/College Transport Policy.

4. Definitions

For the purpose of this policy the following definitions apply:

Criteria for the upper limit walking distance is 2 miles for children aged 7 and under and 3 miles for children aged 8 and over.
Children attending primary school who qualify under an income based assessment have the upper limit walking distance reduced to 2 miles up to age 11.
SEN refers to a pupil with a statement of Special Educational Needs.
An eligible child includes pupils who are unable to walk to school by reason of their SEN, disability or mobility or because of the nature of the route being unsafe, who live outside the walking distance or who are from a low income family.
Low income is defined as entitled to free school meals or a family in receipt of the maximum rate of Working Tax Credit.
The Transport Section is a part of the Children’s Specialist Services Division which is located within the Directorate of Children’s Services.

5. Home to School Transport Policy

All applications for home-to-school transport are considered individually, taking into account the relevant legal requirements and the circumstances of each family. See Section Legislation

Free home-to-school transport is considered only for pupils of statutory school age resident in Dudley (from the term after the pupil’s fifth birthday up the end of Year 11) who:

are under eight years of age and live two miles or more from the school or;
are eight years of age and over and live three miles or more from the school or;
are aged eight to eleven attending primary school, live two or more miles from the school and qualify under an income based assessment.

Ages are taken at 1 September in each school year.

Distance is measured by the shortest available walking route over public rights of way to the nearest relevant phase school (that is, primary or secondary, as appropriate to the age of the pupil) which has a vacant place.

Free home-to-school transport is provided to the nearest phase school with a vacant place and not necessarily the school preferred by parents. The nearest phase school may be maintained by another Council. Free home to school transport is generally only provided where the distance criteria are met.

Provision may be in the form of a bus pass to travel on public transport, specially-provided school buses, or otherwise at the Council’s discretion. The Council may decide to reimburse a parent for transport of their child to the school. Payment will be made for journeys undertaken by the shortest available road route at the nationally-agreed ‘casual user’ rate for the petrol element of car mileage.

In certain circumstances undergoing independent travel training may be a condition of the provision of free home-to-school transport. In these cases the home-to-school transport will be time limited to allow for the training to take place.

Where a vehicle operated by the Council has more seats than are needed for pupils entitled to free home-to-school transport, places may be made available to other pupils. In such cases a charge equivalent to a scholars bus pass is made.

Pupils purchasing bus passes may be required to give up their places if they become needed by pupils entitled to free home-to-school transport, in which case the unused portion of the payment will be refunded.

The cost of a pass will be set annually in July and be effective from the 1st September each year. To check the rate call the Children’s Services Transport Section.

6. Pupils with a Statement of Special Educational Needs

In essence pupils with a statement of SEN are treated no differently than any other application for transport.

If the parental preference is for a pupil to attend the nearest suitable school with an available place then transport will be considered if certain criteria met.

If the parental preference is for a pupil to attend a special or mainstream school which not the local special or mainstream school then there is no general entitlement to free transport.

A pupil will not be automatically entitled to a free home to school transport solely by virtue of their admission to a special school.

Transport is provided when the pupil attends the nearest suitable school with an available place and:

has a disability or other condition that prevents them from walking safely to school
the parent has a disability that prevents them from accompanying a pupil assessed as requiring supervision on the walking route
the walking route exceeds the maximum walking distance criteria
the only available walking route is classed unsafe

Parents of pupils with statements of SEN should consider very carefully if they express a preference for a school other than their local school (a special or mainstream school) whether they will be able to transport their child themselves for the duration of the placement, as they are unlikely to be eligible for Local Authority Transport.

Pupils with a Statement of Special Educational Needs (SEN) qualifying under the distance criteria set out above are provided with free home-to-school transport. This section relates to pupils with SEN who do not qualify under the distance criteria.

When a head teacher admits a pupil with SEN, they will discuss with the parents whether the child is capable of walking to school or using public transport, then, where necessary, applying to the Children’s Services Transport Section for an assessment for free home-to-school transport.

The determination of whether a pupil has a disability which makes it necessary for them to be provided with transport is made by the Transport Section in consultation with the relevant specialist service. Free home-to- school transport will not be provided where the Transport Section assess that the child is capable of walking to school. The assessment will consider if a child could walk to school accompanied by a parent or carer if necessary.

Free home-to-school transport for pupils with SEN is reviewed at each annual review and at the Year 9 review in preparation for adulthood. The Transport Section also carry out periodic checks of pupils in receipt of free home-to-school transport to ensure that they remain entitled to the service.

When the Transport Section assess whether or not a child with SEN is entitled to free home-to-school transport the individual circumstances are considered, including the age and specific educational needs of the child. The criteria used by the Transport Section to assess whether or not a child with SEN should be provided with free home-to-school transport are as follows:

a.	A pupil with a Statement of Special Educational Needs who is capable of attending a mainstream school will not be provided with free home-to-school transport unless: the nearest appropriate school exceeds the distance criteria; or the pupil has a disability which prevents them from walking to school.
b.	When a pupil with SEN is provided with free home-to-school transport, transport is provided to the nearest appropriate school. Free home-to-school transport is not provided where parents wish their child to attend another school that is not the nearest appropriate school.
c.	Whatever the distance a pupil with SEN or physical difficulties has to travel to school, free home-to-school transport is provided where the pupil’s difficulties significantly impair their ability either to make their own way to school (accompanied by a parent of carer if necessary) or to make appropriate use of public transport.
d.	Free home-to-school transport will generally be provided for pupils if they meet the criteria and attend: schools for children with severe learning difficulties; schools for children with physical difficulties; schools for children with emotional and behavioural difficulties; pupil referral units; special units: hearing impaired units; language units; and Individual Needs Centres (INCs).
e.	Children with moderate learning difficulties will not automatically be assessed as requiring free home-to-school transport.

Escorts are provided on transport at the discretion of the Transport Section where:

the child has not reached their fifth birthday;
the child has a disability which makes it necessary to provide an escort for health and safety reasons; or
the child has an emotional or behavioural difficulty which would give rise to concerns about the well-being of the pupil, or the well-being of other pupils or staff were no escort present.

When a pupil with SEN is entitled to free home-to-school transport and cannot access the transport generally available to take other children from that area to the school then other arrangements will be made at the discretion of the Council.

7. Denominational Transport

There is a charge for bus passes for the transport of children attending the designated denominational school of their faith for new applications.

Those pupils already attending faith schools who have been entitled to free transport under the previous DMBC policy will continue to receive free transport until they either move to a new school at year 7 transition or leave secondary school. Children who leave school at any other time cease to be entitled to free school transport.

Parents who wish their child to attend the nearest available denominational school may purchase a bus pass through the Transport Section or directly from the operator.

Some schools may operate a contracted bus service bringing children to school. In these circumstances only specific routes are supported and for some routes a ‘main road’ type service is made available. Parents whose children use these services must accept responsibility for the arrangements and any costs over and above any concessions received under paragraphs 21 or 22 (the cost of a scholar’s bus pass for this type of route may differ between operators). The details of the routes are available from the schools concerned and from the Transport Section.

Where parents have more than two children attending a denominational school which is more than the relevant distances set out in second paragraph above then the charge for a bus pass (or the contracted bus service) will not be applied to the third and subsequent children.

Where the family are in receipt of Income Support the charge for a bus pass (or the contracted bus service) will be reduced by 50% where the child/children attend a denominational school more than the relevant distances.

8. Transport for Children Under the Age of Five

Free home-to-school transport is not generally provided to children under statutory school age who attend school on a part-time basis.

There are two exceptions in respect of children before their fifth birthday:

children with Statements of Special Educational Needs, according to the criteria set out above for pupils with SEN; and
children without Statements of Special Educational Needs who require appropriate access to a placement to enable an assessment of SEN to take place.

9. Transport for Children Eligible under the Provisions made in the Education and Inspections Act 2006

From September 2007 the Education and Inspections Act makes provision for home to school transport to be extended to include an additional category of ‘eligible’ child. Pupils in this category are those aged 8 to 11 who attend the nearest available primary school and qualify for free school meals or whose parents are in receipt of the maximum rate of working tax credit. The upper limit walking distance for this group of eligible children is two miles.

Applications based on entitlement to free school meals or working tax credit are renewed annually on submission of a completed application form.

From September 2008 the provision of free home-to-school transport is to be extended to include pupils aged 11 to 16 in secondary education.

Pupils who qualify for free school meals or whose parents are in receipt of the maximum rate of working tax credit will be eligible for free home-to-school transport to:

one of their three nearest qualifying schools (or places other than a school at which they might receive education under section 19(1) of the 1996 Act), where they live more than 2 miles, but less than 6 miles from that school;
a qualifying school where a parent has expressed a preference and that preference is based on the parent’s religion or belief. Free home-to-school transport will be provided to the nearest suitable school preferred on grounds of religion or belief, when they live more than 2 miles, but not more than 15 miles from that school.

10. Post 16 Pupils with SEN

Young people aged 16 to 19 with Statements of Special Educational Needs may be provided with transport support by the Council if they meet the distance and/or eligibility criteria.

11. Legislation

This section summarises the obligation placed by the law on local education authorities and parents. However it does not attempt to be complete; that would require a lengthy technical document. Those requiring detailed information are referred to the relevant Education Act; the Transport Section will provide an interpretation on request.

The Home-to-School Transport Policy is designed to meet the requirements of the legislation, which are summarised in the following paragraphs.

In the case of pupils of compulsory school age, the Courts have held that the provisions of Section 39 of the 1944 Education Act are relevant in determining whether in a particular case free transport is necessary under Section 55 (I). Section 39 has been replaced without substantive change by subsequent legislation, and in particular the 1996 Education Act.

A parent of a pupil has a defence to the charge of failing to secure a child's regular attendance at school if it can be proved that the child lives outside the statutory walking distance from school and that no suitable arrangements have been made by the local education authority for transport to and from school or to enable admission to a school nearer to the home address.

Walking distance is defined as two miles for pupils under the age of eight and three miles for pupils aged eight and over. In both cases distance is measured by the shortest available walking route. The Courts have held that a “route is available if a child, accompanied as necessary, can walk along it with reasonable safety”. The Courts have also held that a local education authority may, when making a decision, take account of whether or not there are any circumstances that prevent the child from being accompanied.

From September 2007 the Education and Inspections Act makes provision for entitlement to free home to school transport to be extended to include an additional category of ‘eligible’ child. Children in this category are those aged 8 to 11 who attend primary school and qualify for free school meals or whose parents are in receipt of the maximum rate of working tax credit. Free transport will be provided when the walking distance is more than two miles to the nearest available school.

From September 2008 the Education and Inspections Act extends the provision made to low income families to include pupils age 11 to 16. Pupils in this category will be entitled to free transport to any one of the nearest 3 qualifying schools as long as the school is more than 2 but less than 6 miles from the home address. Pupils attending a school on the basis of religion or belief will be entitled to free transport to the nearest qualifying school if the school is more than 2 but less than 15 miles from the home address.

Arrangements for transport made by the local education authority must be no less favourable for full-time further education students than pupils of the same age attending schools maintained by the Authority.

Under section 509(4) of the Education Act 1996 a local education authority must, in deciding whether to provide transport for a pupil, "have regard...to any wish of a parent to have the child provided with education at a school or institution in which the religious education provided is that of the religion or denomination to which the parent adheres."

12. Calculations of Home to School Distances

In order to establish whether or not there is an entitlement to free home-to-school transport, home-to-school distances are measured by the nearest available route over a public right of way from the gate or access to the pupil’s home to the gate or access to the school.

The type of routes measured are those with a hard surface available for all-the-year round use, the test being that it could be used by a cyclist. This test is an assessment of the type of surface and does not mean that the route must in fact be open to cyclists.

The Transport Section maintains detailed records of home-to-school distances. When new enquiries are made further distance checks are made where necessary.

All assessments of distance are made using the Council’s Geographical and Mapping Information System (GMIS), which is based on Ordnance Survey mapping data.

Parents may seek a specific assessment of whether a particular route is available.

13. Arranging Transport

For pupils who qualify for assistance from the Council, free transport will normally be provided from the general area where the pupil or student lives to the school, and return, at times which coincide with the normal school day.

The arrangements made will usually be by use of public transport services or specially contracted vehicles. In a few exceptional circumstances other types of arrangements may need to be made. The Council decides which arrangement is most practicable. For most pupils, this assessment is made by the Transport Section.

‘Public transport services’ refers to ‘season ticket’ or similar arrangements on public transport facilities, including registered local bus and railway services. Details of the timetable applicable to each of the journeys are available from bus and rail operators.

'Contracted vehicles’ refers to road transport passenger vehicles operating on a ‘closed’ basis where the Council has hired the vehicle as a whole to carry out a specific journey solely for passengers designated by the Council. Details of the routes and timings are available from the school concerned or from the Transport Section.

All free-home-to-school transport arrangements are regularly monitored and action is taken if any problems are found. Adjustments to the arrangements to reflect changed needs are made as necessary when they occur. Parents and schools will be notified of any changes and the reasons for them.

Parents should note that generally no supervision other than the driver is supplied on free home-to-school transport.

The single exception relates to children with special educational needs, when, at the discretion of the Council, an escort is provided where required. This assessment is carried out by the Transport Service.

All free home-to-school transport provision is routinely reviewed by the transport team in consultation with relevant partners.

14. Travel Passes

Every pupil who is allocated transport arranged by the Council will be provided a Pass which authorises travel on that journey. Passes are not transferable to other journeys and must be carried at all times when the pupil is using the service. The companies who provide the Council with transport have clear instructions to check passes regularly and only to allow those pupils who can produce a valid Pass to travel under the arrangements made by the Council. Companies are asked to exercise discretion, particularly at the beginning of each new term, but it is important to emphasise that pupils and students must carry their Pass each day.

Under no circumstances will the Council pay or subsidise the payment of a lost travel pass. It is the responsibility of the child to ensure the safe keeping of the travel pass. Parents may arrange insurance cover with Centrocare should they so wish. Details are available form the Transport Section.

When a pupil changes home address or school before the end date of a travel pass, the travel pass should be returned immediately to the Transport Section. Failure to return the travel pass promptly may result in a charge being made for the financial loss incurred by the Council.

15. Review Procedure

If the parents of a child not automatically entitled to free home-to-school transport wish special consideration to be given to their particular circumstances, a review form is available from the Transport Section. Reviews are carried out by the School Support Services Manager.

Such applications may arise for a number of reasons. It may be that there is disagreement with the distance measurement of the walking route; that there are road safety factors; that the child concerned has a medical condition; or that there are other family or financial circumstances which should be considered.

The Review Application form asks for certain information but it is important that applicants provide as much detail as possible in support of their case. In addition to a statement on the form, parents are welcome to include any other supporting information, all of which will be taken into account. It would be especially helpful to be advised, for example, of general family circumstances; the way in which the child presently travels to and from school; whether a responsible adult accompanies the child on the journey to and from school or whether there are any practical difficulties in arranging this. The review will be completed as quickly as possible. While the outcome of the review process is awaited parents remain responsible for ensuring the full time and punctual attendance of their child at school. The Council cannot provide interim assistance of any kind.

As the review application form indicates, parents may be contacted for further information or verification of information supplied. A review form can be obtained form the transport office or you may download a copy from:

Dudley MBC website: Home to School Transport

16. Appeals Procedure

The Council’s Policy is set out in the first part of this document. The Policy is set by the Council and staff have no discretion to amend its application.

However, if a child falls outside the Policy and a review has been turned down, but the parents still believe their circumstances justify special consideration, they are entitled to make an appeal in writing to the Director of Children’s Services within 28 calendar days of the review date. The address is given in the Foreword. The Director’s decision is final.

17. Guidelines for Officers when Considering the Transport of Pupils with a Statement of Special Educational Needs

The following guidelines are used by the officers involved in making decisions in respect of individual pupils with special educational needs. They do not form part of the Policy and may be updated from time to time. New versions of the Guidelines are published on the Dudley website at Dudley MBC website: Education and Learning

Where the Council directs a statemented pupil to a school beyond the statutory walking distance, transport must always be agreed.
Where a statemented child attends a school within statutory walking distance (two miles under the age of eight; three miles over the age of eight), transport will only be provided if the individual special educational needs of the child warrant it.
Transport for pupils with identified special educational needs will not be provided automatically, but agreed on an individual basis, depending on the circumstances, using the statutory assessment and professional advice to inform the decision. The final decision rests with the Transport Manager. Appeals against this decision are subject to the Review Procedure and the Appeals Procedure.
If parents prefer a school which is further away from home than another suitable school offered by the Council, the preferred school may be named in the Statement, but free transport should not be offered to the preferred school as this would not be an efficient use of resources.
Free transport to ordinary nursery classes will not be provided unless there is a report from the Special Needs Preschool Service giving satisfactory evidence to support the request or where a child is undergoing statutory assessment and there is a clear indication of a transport requirement in the referral information.
The Council will take account of difficulties that some parents may have when a sibling attends one school and the Council directs a child to a different school in the same phase and where both journeys need to be accompanied. Similar problems involving pre-school siblings may also be taken into account.
There will be circumstances where the provision of a bus pass (rather than specific special transport) will be desirable because of the need to support young people in becoming more independent.
In exceptional cases only, the Transport Manager will agree transport where there are pressing welfare rather than educational reasons. This discretion may also include children with physical and sensory needs who do not have Statements of Special Educational Needs but will be exercised according to specialist professional advice from the relevant Service.
When exceptional transport arrangements are agreed, it will be made clear to parents, in writing, the circumstances in which the transport is being offered and those in which it may be withdrawn. The period during which transport is being provided will be specified.
Supporting evidence from the school or nursery, teachers, and appropriate professional staff should be requested when appropriate.
The following checklist may be used when deciding on a case:
1. whether free home-to-school transport is needed to help the child attend school as part of an agreed re-integration package for a young person who is disaffected; in this case the transport support should be time limited and the details confirmed in writing to the parent or carer;
2. the particular individual special educational needs of the child (supported by evidence provided by the appropriate agency):
  - educational and behavioural needs;
  - medical needs;
  - Autistic Spectrum Disorder;
  - poor social and organisation skills;
  - social, family and welfare needs;
  - the age of the child;
  - the walking distance from home to school;
  - the nature of the route and whether the pupil can negotiate it safely on foot, accompanied or otherwise.

18. Practice with Vehicles used to Provide Home to School Transport

This Appendix sets out the practice adopted by the Council to ensure that all home-to-school transport is operated with proper regard for the safety and well-being of the children being transported.

Drivers and escorts must carry approved identification whenever they are working for the Council and may be asked by Council officers to show proof of identity.
Drivers and escorts must conform to the Child Protection Policy and Health and Safety guidance. These documents are provided to all contractors and updated from time to time. Contractors are required to certify that the relevant staff have read these documents.
Drivers and escorts will be subject to ‘spot checks’ by Council enforcement officers to ensure that health and safety requirements, child protection procedures, and identity and licensing regulations are being followed.
As required drivers and escorts must undergo training in special needs and medical issues.
Escorts will sit in the back of taxis where pupils’ needs require close monitoring or possible intervention.
In the case of more than one pupil being in a vehicle, pupils should not sit in the front of the vehicle as they may distract the driver, except where an escort is present in the rear of the vehicle, or where a judgement has been made by the Transport Section that the child sitting in the front seat is not likely to distract the driver.
Where an escort has been identified as a requirement to support a pupil and to ensure their safe travel, the escort must adhere fully to the requirements above, and in addition will be expected to speak fluent English.
Contractors used by the Council to provide home-to-school transport by the Council must regularly review their health and safety procedures.

19. Contact Details

The address for the Directorate of Children’s Services is:

Directorate of Children’s Services
Dudley Metropolitan Borough Council
Westox House
1 Trinity Road
Dudley
West Midlands DY1 1JQ

General queries about home-to-school transport, including applications, should be addressed to:

Children’s Services Transport Section

Telephone (general): 01384 814301
Telephone (bus passes) 01384 814371
Fax: 01384 812075
Dudley MBC website: Home to School Transport

Queries about support with home-to-college transport for young people over the age of 16 should be made to:

Student Support Service

Telephone: 01384 814235
Fax: 01384 814216

Appeals about the operation of the Policy in particular cases should be addressed to:

The Director of Children’s Services.
Directorate of Children’s Services
Dudley Metropolitan Borough Council
Westox House
1 Trinity Road
Dudley
West Midlands DY1 1JQ

Other information is available from the Council about Children’s services; these are available from Children’s Services Reception at Westox House.

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