Rulebook · Decision or problem
Home to school or college transport
Transport is decided by the council under the Education Act 1996, not as part of the EHC plan. It is not a SEND Tribunal matter. Government guidance recommends two stages: a review by a senior officer, then a panel independent of the original decision. Each council decides its own process. After that, the Ombudsman can look at how the council handled it, and judicial review is possible on points of law.
A child of compulsory school age who cannot reasonably be expected to walk to school because of their SEN, disability or mobility problems can be eligible for free travel, whatever the distance. The same applies to a child the council has arranged to educate at a place other than a school. For students over compulsory school age, each council publishes a transport policy statement each year. For a course started at 19 or over, the statement covers students with an EHC plan. Any transport the council arranges for a course started at 19 or over must be free.
Appeal right: this is not one of the matters that can be appealed to the SEND Tribunal (Children and Families Act 2014, s 51(2)). See the routes.
Ways to take this further
Listed in the order the rules give them. The order is not a ranking.
- Transport: the council's review and appeal process
- Local Government and Social Care Ombudsman
- Judicial review (after a pre-action letter)
- Type of rule
- Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.
- Rule id
issue.school_transport- Rules version
- england-2026.10
- Law as at
- 30 September 2026
Sources
- Education Act 1996, s 508BLaw (Act or Regulations)
- Education Act 1996, s 508DLaw (Act or Regulations)
- Department for Education, Travel to school for children of compulsory school age: statutory guidance (May 2026), para 133Official guidance
- Department for Education, Travel to school for children of compulsory school age: statutory guidance (May 2026), para 139Official guidance
- Department for Education, Travel to school for children of compulsory school age: statutory guidance (May 2026), paras 130 to 143Official guidance
- Children and Families Act 2014, s 51(2)Law (Act or Regulations)
- Education Act 1996, Sch 35B para 2Law (Act or Regulations)
- Education Act 1996, Sch 35B para 6Law (Act or Regulations)
- Education Act 1996, Sch 35B para 3Law (Act or Regulations)
- Education Act 1996, Sch 35B para 7Law (Act or Regulations)
- Education Act 1996, s 19(1)Law (Act or Regulations)
- Education Act 1996, s 509AALaw (Act or Regulations)
- Education Act 1996, s 508G(2), (3) and (5)Law (Act or Regulations)
- Education Act 1996, s 508FLaw (Act or Regulations)
Related
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