How the duties fit together
The EHCP is created and maintained under the Children and Families Act 2014. School transport sits under the Education Act 1996. The two duties run in parallel — a local authority can issue an EHCP and refuse transport, or arrange transport without an EHCP.
Where the duties intersect: the EHCP names the school in Section I. For transport purposes, the local authority generally treats the school named in Section I as the suitable school. If the local authority names a closer school in Section I against parental preference, transport entitlement to a further school may be reduced or removed.
The exception to "transport is not in the EHCP" is travel training. A travel training programme delivered by the local authority can sit in Section F where it constitutes special educational provision aimed at independence.
How to apply for school transport (and challenge a refusal)
- 1
Read the local authority's published transport policy
Every local authority must publish its home-to-school transport policy. It will set out distance criteria, SEN considerations, post-16 arrangements, and the appeals process. Read this first — your application has to fit the policy framework.
- 2
Establish that the school is the right one
Transport eligibility usually depends on the local authority accepting that the named school is suitable and the nearest suitable school. Section I of the EHCP is central. If the local authority disputes that the school is suitable, the EHCP appeal route may need to come first.
- 3
Document the SEN and mobility case
Gather evidence of why your child cannot walk, cannot use public transport independently, or needs specific transport provision. EP, OT, paediatric and SLT input may all be relevant. Parent and school observations of independent travel attempts also help.
- 4
Submit a transport application
Apply through the local authority's published process. Reference Section I of the EHCP, the SEN evidence, and the local authority's own transport policy. Be specific about the type of transport sought (e.g. taxi with escort, individual journey, consistent driver).
- 5
Use the appeals process if refused
Most local authorities have a two-stage process: written review, then independent panel. Submit fresh evidence and address the local authority's reasoning point by point. The panel must consider the case on its merits, not just confirm the original decision.
- 6
Escalate if necessary
If the panel upholds refusal, the routes are LGSCO complaint (for maladministration) or judicial review (for legal error). The SEND Tribunal does not deal with transport decisions.
Post-16 transport
Section 508F Education Act 1996 requires local authorities to publish a transport policy statement covering young people aged 16–18 (and continuing learners up to 25 with EHCPs). There is no automatic free transport entitlement equivalent to compulsory school age. Most local authorities charge a contribution for post-16 transport; some have hardship provisions.
For young people with EHCPs continuing in education up to 25, transport remains a local authority function. The local authority's published policy will explain local arrangements. Parents and young people should read the policy carefully and make a case grounded in its criteria.
Building your transport case
- The local authority's published transport policy
- EHCP — particularly Section I (named school) and Sections B/D (needs)
- Distance evidence (route, walking time, safety)
- EP, OT, SLT or paediatric evidence on independent travel limitations
- Records of any travel training tried
- Parent and school observations of behaviour, anxiety or risk on journeys
- Comparable transport decisions for similar cases (local authority precedent)
- Public transport options assessed and documented
Common local authority refusals and how to respond
- "You live within walking distance" — challenge if SEN or disability makes the route unsuitable; safety and SEN factors override distance.
- "There is a closer suitable school" — if the local authority named the further school in Section I, transport should follow; if not, the school suitability question may need to be addressed first.
- "Parent must accompany the child" — the duty is on the local authority to make suitable arrangements; if parental escort is genuinely required, that should be funded or accommodated.
- "Public transport with bus pass is sufficient" — only if the child can use it safely and independently; document specifically why they cannot.
- "Transport policy does not allow this" — published policies must comply with the underlying statute; policies that fetter discretion can be challenged.