Getting your child to school shouldn’t be the hardest part of the day. But for many SEND families, the school run is a daily battle - unsuitable routes, sensory overload on buses, meltdowns in the car, or a school placement that’s miles away because there’s nothing suitable nearby.
Your Local Authority (LA) has legal duties around school transport, and they’re broader than most parents and carers realise.
The basic duty
Under section 508B of the Education Act 1996, your local authority must provide free home-to-school transport for children of compulsory school age who meet certain criteria.
The starting point is the statutory walking distances: children under 8 must be within 2 miles of school, and children aged 8 and over must be within 3 miles. If your child’s school is beyond these statutory walking distances and it’s the nearest suitable school, transport must be provided. But for SEND children, the rules go further.
When distance doesn’t matter
Transport must be provided regardless of distance when:
- Your child can’t walk to school because of their SEN, disability, or mobility needs - even if the school is next door. If your child can’t safely walk the route, distance is irrelevant.
- The route isn’t safe for your child to walk, even with an adult. A busy road without crossings, or a route that would cause severe anxiety, can qualify.
- The school named in your child’s Education, Health and Care Plan (EHCP) is further away than the nearest school because it’s the only one that can meet their needs.
The statutory guidance on home-to-school travel makes clear that Local Authorities must consider the child’s individual needs, not just apply blanket distance rules. If your child’s EHCP names a specific school because it’s the only one able to deliver the provision required, the LA must arrange transport regardless of distance.
Types of transport
The LA doesn’t have to provide a taxi or minibus. Transport arrangements can include:
- A seat on a school bus or minibus
- A taxi (sometimes with an escort)
- A personal transport budget (PTB) - money paid to you so you can arrange transport yourself
- A mileage allowance for driving your child
- Travel training to help your child learn to travel independently
A personal transport budget can give you more flexibility. Some families prefer to drive their child and receive the mileage payment, rather than rely on LA-arranged transport that may arrive late or be unsuitable.
How to apply
Transport applications usually go through your LA’s school admissions or transport team. If your child has an EHCP, the transport need should be considered as part of the EHCP process.
You’ll need to provide:
- Proof of your child’s school placement (EHCP naming the school, or offer letter)
- Evidence of why your child can’t walk to school if it’s within walking distance (medical letters, professional reports)
- Your address for distance calculations
If transport is refused
If the LA refuses transport or offers something unsuitable, you can:
- Request a review using the LA’s internal transport appeals process (most LAs have a two-stage appeal)
- Appeal to an independent panel if the first-stage review fails
- Complain to the Local Government and Social Care Ombudsman if the LA hasn’t followed its own policy or statutory guidance
- Appeal to the SEND Tribunal on the school named in Section I of the EHCP - if the tribunal changes the named school, transport duties may change as a result. Note: the tribunal cannot rule on transport itself, only on the school placement
Getting help
IPSEA advises on school transport duties and has guidance on challenging refusals, including when transport should be part of EHCP provision.
Your local SENDIASS can help with transport applications and attend appeal hearings.
Contact has practical guides on school transport for disabled children.
How our free tool can help
The AI assistant at SEND Parents Help covers school transport duties in detail, including the specific legal tests, personal transport budgets, and how to challenge a refusal.
Ask the free assistant whether your child qualifies for free transport and what to do if the LA has refused or offered something unsuitable.
Your child’s education depends on getting there
Transport isn’t a luxury. It’s the thing that makes everything else possible. If your child can’t get to school, they can’t access the education they’re entitled to.
If the LA isn’t providing transport your child needs, challenge it. The law is on your side.
Sources and further reading
Legislation and official guidance
- Education Act 1996, section 508B (LA duty to provide school transport)
- Home-to-school travel and transport statutory guidance (DfE guidance on transport duties)
- SEND Code of Practice (transport in the context of EHCP provision)