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Rulebook · Way to challenge

Transport: the council's review and appeal process

Home to school transport is decided by the council under the Education Act 1996, not by the SEND Tribunal. Government guidance recommends a two-stage process, though each council decides how its own process works. In the recommended process, a senior officer reviews the decision first. Then a panel looks at it, independent of the original decision but not necessarily of the council. After that, the Ombudsman can look at how the council handled it.

Who can use it: Parents, and young people for post-16 transport. Time limit: Under the guidance for children of compulsory school age (not a time limit in law): the parent has 20 working days from receiving the decision to ask for a stage 1 review, and the council replies within 20 working days. The parent then has 20 working days from receiving that reply to ask for stage 2. The panel review takes place within 40 working days of asking for stage 2, and the panel notifies the outcome within 5 working days of completing its considerations. The guidance says these timings are recommended, not mandatory.

Alongside other ways
It can run alongside an appeal about the plan, which is a separate process. After the review, the Ombudsman or judicial review are possible.
Cost
Free.

What it can do

  • The council can change its transport decision at either stage.

What it cannot do

  • It cannot change the EHC plan or the school named.
  • The SEND Tribunal cannot decide transport disputes.
Type of rule
Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.
Rule id
route.transport_review
Rules version
england-2026.10
Law as at
30 September 2026

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