EHCP school transport — prepare your case with support | EHCP Clarity
School transport

School transport case — get it ready with support

Home-to-school transport is a separate duty from the EHCP — but Section I and your child's needs description are often central evidence. We prepare the application, SEN evidence, and appeal submissions if the local authority refuses. You review it. You send it.

Match my situation

Get my transport pack prepared — £449See a real example pack

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What is your EHCP situation?

Tell us where you are. We match the document you need to send, then an assigned case professional prepares it. You review it. You send it.

What we prepare for this

Challenge to the plan · £449

Grounds or a letter when the plan, placement, provision or timescales are wrong.

  • The document you send
  • How to send it, and what to attach
  • One revision round of factual corrections

One case professional prepares and checks it. You review it. You send it.

Typically 5 working days after we have what we need.

Other documents: request letter £249 · appeal grounds £349 · challenge to the plan £449

Sample of a plan challenge · mock names
In Section F, the provision described as “access to adult support as required” and “regular speech and language therapy” does not say how much support [CHILD] will receive, or who will deliver it.

Read the full examples · What each price includes

Case preparation support only · Not legal advice or tribunal representation

Quick answer

Transport is governed by section 508B of the Education Act 1996 (compulsory school age) and section 508F (post-16) — not the Children and Families Act 2014. Transport is generally not in Section F of the EHCP; it is a separate local authority function. Eligibility usually rests on Section I (the named school being the nearest suitable school), plus evidence that the child cannot walk or travel independently. If refused, use the local authority's two-stage appeal process; the SEND Tribunal does not deal with transport.

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.

What strong cases do next

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    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. 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. 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.

3 further steps when you submit or appeal — Requesting, appealing, and negotiating Section F are where most parents need help — that is what we prepare for you.

This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.

Match my situation →Get yours prepared — From £249

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

3 more items depending on your case. Plus turning this evidence into one coherent pack an LA or tribunal takes seriously.

This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.

Match my situation →Get yours prepared — From £249

Common local authority refusals and how to respond

  1. "You live within walking distance" — challenge if SEN or disability makes the route unsuitable; safety and SEN factors override distance.
  2. "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.
  3. "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.
  4. "Public transport with bus pass is sufficient" — only if the child can use it safely and independently; document specifically why they cannot.
  5. "Transport policy does not allow this" — published policies must comply with the underlying statute; policies that fetter discretion can be challenged.

This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.

Match my situation →Get yours prepared — From £249

Frequently asked questions

England · SEND

Does an EHCP automatically entitle my child to transport?
No. Home-to-school transport is a separate statutory duty (section 508B of the Education Act 1996 for compulsory school age, and section 508F for post-16). It is not the same as the local authority's EHCP duties. However, an EHCP — particularly Section I (placement) and the description of needs — is often the most important evidence for a transport application or appeal.
Where is transport recorded in an EHCP?
Transport is generally not in Section F. It is a separate local authority function. The exception is where transport itself involves special educational provision — for example, a programme of travel training delivered by the local authority — which can sit in Section F.
Who is eligible for free home-to-school transport?
Under section 508B Education Act 1996, an 'eligible child' of compulsory school age is entitled to free transport if they meet criteria including: living beyond statutory walking distance from the nearest suitable school; or unable to walk because of SEN, disability or mobility problems; or unable to walk safely. There are also low-income provisions. local authorities must publish a transport policy that explains local arrangements.
What is the role of the named school in Section I?
Crucial. If the local authority names the parental preference school in Section I, the local authority generally accepts that this is the suitable school for transport purposes. If the local authority names a closer school against parental preference and the parents send their child to a further school, transport eligibility can be more complex.
What about post-16 transport?
Post-16 transport is governed by section 508F Education Act 1996 — local authorities must publish a transport policy statement. There is no automatic right to free post-16 transport equivalent to compulsory school age, but local authorities must make 'such arrangements as they consider necessary'. Many local authorities charge for post-16 transport. Young people with EHCPs often qualify under the local authority's discretionary criteria.
What if the local authority refuses transport?
local authorities must publish a complaints and appeals process for transport decisions. Stage 1 is typically a written review; stage 2 is an independent appeal panel. If the panel upholds the refusal and parents disagree, the next route is the Local Government and Social Care Ombudsman (LGSCO) for maladministration, or judicial review for legal error. Transport is not within the SEND Tribunal's jurisdiction.
Can the local authority insist on a particular type of transport (e.g. taxi sharing)?
The local authority chooses the form of transport — bus, taxi, mileage allowance, escort. They must make 'suitable' arrangements. Where a child has SEN, suitability includes meeting their needs (e.g. consistent driver, escort training, vehicle size, journey length). If arrangements are unsuitable, parents can challenge.

Related guides

Sources and further reading

  1. Education Act 1996 — section 508B — Compulsory school age transport duties
  2. Education Act 1996 — section 508F — Post-16 transport duties
  3. DfE — Home to school travel and transport guidance — Statutory guidance for local authorities
  4. Local Government and Social Care Ombudsman — Complaints body for local authority maladministration
  5. IPSEA — transport — Free legally based guidance, including transport