Home to School Transport Policy 2024

South Tyneside Council has a duty to ensure that suitable travel arrangements are made, free of charge, for certain, ‘eligible children’ who are resident in the borough - where it is considered necessary to facilitate their attendance at school or other educational establishments.

Parents are ultimately responsible for ensuring that their children attend school regularly.

However, section 444 of the 1996 Act outlines the situations in which a parent may have a defence in law against a prosecution by a Local Authority for their child’s nonattendance at school.

Section 444(3B) provides a parent with a defence if they prove that:

• the qualifying school at which the child is a registered pupil is not within statutory walking distance.
• No suitable arrangements have been made by the Local Authority for boarding accommodation at or near to the school.
• No suitable arrangements have been made by the Local Authority for enabling the child to become a registered pupil at a qualifying school nearer to their home; and
• The Local Authority has a duty to make travel arrangements in relation to the child under section 508B and has failed to discharge that duty.

Schedule 35B of the 1996 Act (amended by the Education and Inspections Act 2006) defines “eligible children” – those categories of children in an authority’s area for whom travel arrangements will always be required. A condition of each category is that they are of compulsory school age. Under section 508B, these arrangements must be provided free of charge.

Eligible children are defined in Schedule 35B of the 1996 Education Act as:

• Children who are unable to walk to school by reason of their special educational needs, disability, or temporary medical condition
• Children who are unable to walk in safety to school because of the nature of the route
• Children living outside statutory walking distances (3 miles for children aged 8 or over, or 2 miles for younger pupils), attending their nearest qualifying school which has places available, where no suitable alternative arrangements have been made (for example, where their nearest school is within the statutory limits but has no places available, requiring them to travel to an alternative outside those limits).
• Children from low-income families, i.e. those entitled to free school meals, or whose parents are in receipt of their maximum level of Working Tax Credit/Universal Credit. This applies to:
  • primary pupils aged between 8 and 11 from low-income families attending a qualifying school more than 2 miles, but no more than 6 miles from their home.
  • secondary pupils aged between 11 and 16 from low-income families attending 1 of their 3 nearest qualifying schools more than 2 miles but less than 6 miles from their home
  • secondary pupils aged between 11 and 16 from low-income families attending the nearest suitable school preferred on grounds of religion or belief, where they live more than 2 miles, but not more than 15 miles from that school.

NB: A pupil’s home address is considered to be the one that is registered for the purpose of claiming Child Benefit or Working Tax Credit.

Where there is joint residency, the address used is the one that the child lives at most of the time. If a child spends time equally with both parents, then it will be the address which is closest to the school. In the event of a dispute the address of the person in receipt of child benefit will be used to assess entitlement.

The Authority can provide or arrange transport in a number of ways, for example:

• by providing pupils with passes to use on public transport,
• by providing buses for use by school,
• if circumstances warrant, by arranging for them to travel in taxis, hired cars or minibus,
• provide an escort to enable an eligible child with or without special educational needs to walk a short distance to school in reasonable safety, instead of making arrangements for a taxi to take them to and from school,
• pay a mileage allowance to a parent driving their eligible child to school,
• provide independent travel training.

All of these arrangements require the consent of parents or carers.

NB: Where parents choose to send their child to school other than the nearest suitable school with available places or choose to fund a place for their child at an independent school not named by the Local Authority in an Education and Health Care Plan, parents/carers will also be responsible for any costs incurred in relation to home to school transport.

The Education Act (1996) (Chapter 56, Section 7) places a duty on parents to ensure that their children attend school. The Act expects Councils to make transport arrangements, where appropriate, for the purpose of facilitating the attendance of pupils with learning difficulties at schools maintained by the Council (Chapter 56 Section 509.)

The Education and Inspections Act (2006) places a duty on Local Authorities to promote sustainable travel and transport to school (Section 508A).

This Act inserted new section 508B into the 1996 Act and places a duty on local authorities to ensure that suitable travel arrangements are made, where necessary, to facilitate a child’s attendance at school and provide free transport for “eligible children”. Section of the 1996 Act (508C) gives discretion to local authorities to make such travel arrangements as they consider necessary to facilitate attendance at school for children other than those in Section 508B.

Attendance at a Special School/Unit does not automatically entitle a pupil to transport assistance. However pupils who have a statement of special needs will be considered for free transport on an individual basis, and this must be authorised by the Council.

The LA will consider the individual transport needs of children and pupils by gathering advice from school staff, Educational Psychologists, Medical Officers and other professionals, as well as consulting with parents and carers.

Eligibility for transport assistance, as well as the particular transport arrangements, is based solely on the child’s needs at the time of application.

Applications cannot be based on family circumstances (e.g. parents attending work or looking after or transporting other children to and from school).

Should a parent/carer express a preference for their child to attend a school which may be further than the nearest suitable school, then the LA will expect to charge for the additional mileage and other transport costs that the LA would incur.

SEN Transport Eligibility Guidelines

The LA will consider the following factors when assessing the request for transport assistance:

• The Special Educational Needs of the pupil
• The age of the pupil
• The distance of the pupil from school to home
• Whether the walking route is appropriate for the child
• Whether the pupil has physical, medical, behavioural or a social communication difficulty, or any other difficulties that would exclude them from using public transport
• Whether the pupil may be vulnerable and at risk of danger if they use public or other transport
• Whether the pupil would be a danger to drivers, other passengers and the vehicle if using public or other transport
• The efficient utilisation of resources.

The above list is for guidance only and satisfaction of any one or more criteria will not be conclusive. Each case will be taken on its own merits.

Education Health Care Plans (EHCP)

The issuing of an Education Health Care Plan (EHCP) for a pupil does not automatically mean that transport assistance will be provided.

Annual SEN reviews will take transport provision into consideration and the LA will make any changes where necessary - which may be as a result of changes in the child’s need. Any interim changes in circumstances may also result in a change in eligibility for transport assistance. However, it should also be noted that once a child is eligible for transport, there is no guarantee that they will continue to be eligible in the future.

The Government SEN Code of Practice (2001)(Para 8.89) indicates that transport should only be specified on the statement in exceptional circumstances.

Pupils with Special Needs from other Local Education Authorities

Pupils who live outside the Borough are not the responsibility of this LA and will not therefore be provided with transport assistance. However, some out-of-borough pupils may be allowed to travel on the LA’s own transport provision if it is cost effective and agreed by the home authority. This will always be subject to transport capacity. South Tyneside LA will then make a charge to the LA responsible for that pupil. South Tyneside may need to withdraw such places in the event of an in-borough pupil requiring transport assistance.

Students aged 16-19 at the start of the academic year (1 September) and living within the Tyne and Wear region are eligible for discounted travel tickets. Tickets are available from Nexus or individual bus operators. Students that are unable to use public transport due to a learning difficulty or disability may, in exceptional cases, be provided with transport assistance to allow them to continue their education.

Assessment of these transport needs will be made in consultation with the parent, education provider, Connexions, the LA, and the student. The assessment will include the nature, location and duration of the course. Where appropriate students will be considered for the Independent Travel Training programme.

The purpose of the project is to:

• promote independent travel for all young people who are currently being provided with transport funded by public bodies
• introduce independent travel programmes into school and college settings.

Full details of the Post 16 transport policy can be found on the council's 16 –19 web page.

Children under statutory school age attending a nursery, Children’s Centre or school, who have a statement of special educational needs, will not normally qualify for transport assistance. However, the LA recognise that there are some exceptional circumstances that make transport assistance essential, but that these will be assessed on an individual basis.

Transport assistance will not be provided where a child who usually receives assistance moves to a different address in the short-term (e.g. due to family circumstances) if that address results in additional transport costs. The parent will be expected to pay any additional costs associated with the short-term move or make their own arrangements.

Pupils with short-term mobility issues, such as becoming wheelchair-bound following an accident or operation, will be considered for assistance.

Children who are looked after by the Authority may be provided with transport assistance to attend school. In all cases this transport must be approved and funded by social services.

Application forms for each element of transport assistance are available at 'Help with school and college transport'.

Child fare and travel permits

Children who live in Tyne and Wear and are aged 5 to 15 on the 31st of August before the start of the current academic year are entitled to an Under 16 'Pop' Travel Card. This allows them to travel on public transport in Tyne and Wear at concessionary child fares.

Application forms are available from nexus.org.uk

Pupils/students of statutory school age (between 5 and 16 years of age) attending a school which is the closest school appropriate to their age and faith, which is two miles or more from their home for a child under 8 years of age and three miles or more for a child of 8 years of age or over, are entitled to a free annual school travel permit.

School Travel Permit Applications

Application forms can be obtained from schools and from the Council’s Customer Service Centre at South Shields Town Hall.

1. Completed application forms with a colour passport photograph are then returned to the Town Hall, South Shields. Permits will then be issued, normally via the child’s school or collected from the Town Hall.
2. Permits are issued free of charge in the first instance. Replacement permits can be obtained from the School Improvement Team at a cost of £5.00. These charges are a standard cost to cover administration and apply to the replacement of all permits.

Travel permits are valid for an academic year, renewal forms will normally be sent out to parents in June prior to the next academic year.

Pupils / Students with Education and Health Care Plans

1. A child with an Education and Health Care Plan, or one who is attending a specialist provision to undergo an assessment of Special Educational Needs, may be entitled to free transport.
   1. as a consequence of their Special Educational Needs, and/or
   2. because the distance between home and school exceeds the minimum distances as set out in the Home to School Transport Policy.

Where transport assistance is provided it will be for the current academic year. Parent/carers are invited to reapply for assistance in March for the forthcoming academic year, starting September.

The application will then be assessed against the criteria contained in this policy (Section 6) and parents notified of the Authority’s decision.

Transport Refusal

If the LA declines a request for transport assistance the parents/carers will be advised in writing of the decision and given the opportunity to appeal, should they not agree with the decision.

Appeal Process

Appeals must be made in writing to the Head of Access and Inclusion, Children, Adults & Families, South Tyneside Council, Westoe Road, South Shields, NE33 2RL, by email to transport.team@southtyneside.gov.uk, or submitted electronically via the Council complaints portal, stating why transport should be provided and include any relevant supporting evidence.

First stage appeals submitted via email or through the complaints portal will be redirected to the Head of Access and Inclusion for response.

Should parents/carers not agree with the decision following the appeal, a second appeal can be submitted in writing, along with additional evidence to the Head of Learning and Early Help, Children, Adults & Families, South Tyneside Council, Westoe Road, South Shields, NE33 2RL, or by email to transport.team@southtyneside.gov.uk, or submitted electronically via the Council complaints portal

Second stage appeals submitted via email or through the complaints portal will be redirected to the Head of Learning and Early Help for response.

Transport Arrangements

The LA will allocate transport in the most cost-effective manner and will take in to account the pupil’s needs and abilities when assessing the level of transport required.

Where transport assistance has been agreed it may take one of the following forms:

• Provision of bus or train passes for public transport
• Reimbursing mileage costs for parents/carers who transport children to school
• Place on a minibus/within a shared taxi
• If specific needs warrant it, transport may be provided by individual taxis or licensed private hire car
• Independent travel training

Confirmation of Travel Arrangements

The parent will be informed of the transport arrangements by email. Transport will normally take a minimum of five working days to arrange, and in some special cases may take longer (e.g. where there is a need for a specialist vehicle). Availability of transport is not guaranteed.

Parents must expect their child to travel in the vehicle with other children unless there are exceptional circumstances.

Transport is co-ordinated and managed for the LA by the SEN Travel and Access Officer. Transport providers will have a nominated person who is the first point of contact for schools and parents and is responsible for the day-to-day operation of the service.

Escorts/Passenger Assistants

Escorts/Passenger Assistants will accompany children when professional recommendation specifies the needs of the pupil require such additional support during transport to and from home.

Transport providers are authorised to make pick-ups and drop-offs at authorised collection points only. The authorised points will usually be the specified home and school on the pupil’s Education Health Care Plan, or in the case of bus journeys, an allocated bus stop. Any changes to addresses, whether permanent or temporary, must be communicated to the Transport Team, who will make the necessary arrangements if they consider that the change is within the guidelines of the Policy.

Timing

The timing for pick-up/drop-off will be specified by the appropriate transport contractor’s representative and parents/carers must ensure that they are aware of the correct times.

In order to minimise journey times for every child on transport, the LA requires that children are ready and waiting five minutes before the specified time of pick-up and parents/carers are available to receive their child five minutes before at drop-off time. Pick up times are given in good faith, however, may be subject to road and weather conditions. (updated information may be obtained from the Transport Provider).

Where pupils are picked up/dropped-off at home, the parent is responsible for accompanying the child to and from the door of the vehicle. Parents should keep a lookout for the vehicle’s arrival and help their child to or from the vehicle.

Punctuality

If the child/parent is not ready at the pick-up time, the driver is instructed to leave that collection/drop-off point after two minutes and move onto the next collection/drop-off location, so other children are not inconvenienced or made late for school.

Should the transport move on without the child, transport to school is then the responsibility of the parent/carer for that journey. Should the parent/carer be unavailable at the drop-off point the driver is instructed that the child will be taken to the nearest place of safety (see 10.3)

The LA advises parents/carers that should there be ongoing timing delays caused by individual parents/pupils being late, transport assistance may have to be withdrawn.

Alternative Arrangements

In the event of a parent being unable to meet the child at the specified drop-off point/time, or the local alternative address, the transport providers are instructed to take the children to the nearest place of safety. This will usually be the pupils’ school or the Out of Hours Social Care Duty Team. Where this happens, parents/carers will be responsible for collecting their child.

Parents with other commitments

When the LA has undertaken to make specific transport arrangements for a child, it is expected that parents/carers will support the LAs travel arrangements. Parental preference for travel arrangements (e.g. timings of collections) cannot be considered. Travel timing will be based on the most efficient route available and through the LAs requirement to demonstrate the most efficient use of its resources.

Additional Journeys – Extended Schools/Clubs

Transport providers are allowed to make agreed journeys from Home to School and from School to Home only (where the home address is agreed on the statement or authorised by the LA). No additional journeys can be provided. This includes school visits, additional journeys to sport facilities or other in school time activities, work experience, curriculum appointments or medical appointments. The LA will not make any payments to transport providers for these journeys, they must be invoiced directly to the school or parent, depending on who arranged the journey.

Any additional journeys which are deemed to be ‘Home to school’ transport must be authorised by the SEN Travel and Access Officer in advance of the journey taking place. The LA will not guarantee payment to Transport Providers for unauthorised additional journeys.

Dual placements (where a pupil attends more than one school) may require additional transport (such as transport at lunch times etc). The schools will be responsible for arranging and paying for the cost of such transport. Where a pupil is based full time at a school but visits another school for integration purposes, the school where the pupil is usually based will be responsible for arranging and paying for transport. If the LA Transport Provider is used, they will invoice the school directly for any such charges. These arrangements will also apply to pupils attending referral units. The LA will have the discretion to arrange transport for inclusion purposes in some cases.

Transport assistance will not be provided for parents or family who wish to visit children at school whether in-borough or out-borough. However, in some cases, special arrangements are made by residential schools to allow parents to visit, and parents should arrange with the school in such circumstances.

The most cost-effective route will be used at all times. Bus stops will be used where possible to cut down on the number of stops a vehicle has to make. However, individual needs will be taken into account and home stops may be necessary in some cases.

Routes will be reviewed regularly to take into account changes in needs and environmental pressures (e.g. changes in road layout etc).

The nature of transport congestion within the Borough means that travelling times can vary. The LA, in accordance with DfE guidelines, expects that children should arrive at school safely and fit to learn, and journey times should reflect this. As a guideline, parents and children should expect journeys to last between 30 and 66 minutes, although this may be affected from time to time by traffic pressures, road works, bad weather or other operational conditions (e.g. breakdowns).

These times do not apply to children travelling to out-Borough schools, where distances and frequency of journeys vary.

Any ongoing delays (e.g. major road works or weather) will be taken into account and routes may be altered if necessary. Parents/schools will be advised of this and be notified as soon as practicable by the Transport Contractors.

Every effort will be made to ensure that the same escort and driver continue to transport a child. However this is not always possible, and changes may need to be made to make the most efficient use of the available resources.

The LA would wish to maintain the highest standards of safety and security for pupils travelling to and from school. Equally, the responsibilities of parents and pupils to help maintain safe and secure travelling arrangements for the benefit of all users must be clearly recognised.

The LA will ensure all transport providers and their vehicles comply with appropriate health and safety legislation.

• Transport provision will be in accordance with contractual standards and National legislation.
• All drivers and escorts will greet passengers and parents politely and treat them with respect at all times.
• All drivers and escorts will have been ‘police checked’ as to any possible criminal convictions.
• The competency and conduct of the driver and escort during the journey and collection points will all be of a contractually prescribed standard.
• The vehicles will be properly licensed and roadworthy and will offer standards of comfort and safety as prescribed by relevant Statutory Law. Regular checks will be carried out on all vehicles.

The vehicle should be at the prescribed point of collection within five minutes of its allotted time (although traffic and road conditions and parent delays may affect these timings). The transport provider is responsible for communicating any major delays to the collection point as soon as possible.

Responsibility for pupil behaviour while accessing LA transport lies with parent/carer and the LA. The comfort and safety of all passengers is essential and demonstrations of inappropriate behaviour by any pupils will not be tolerated.

Pupils being transported will be expected to follow the same behaviour codes as they do when in school. Unacceptable behaviour will be monitored and may result in exclusion from transport. Parents will become responsible for transporting their own children during any period of exclusion from transport.

When considering whether to exclude any pupil from transport, the LA will require written statements from the driver/escort in support of alleged unacceptable behaviour. Consultation will also be made to the Head Teacher and any other bodies that the LA considers relevant.

Behaviour that may affect the concentration of the driver or disrupt the other pupils on the vehicle will not be tolerated.

No eating, drinking or smoking/vaping will be allowed on vehicles by either driver/escort or pupils.

Should any damage occur to contractor’s vehicles during a school run, the pupil’s parents/ carers will be expected to compensate the provider for the damage.

Please refer to the transport acceptance email for contact details of the allocated transport provider.

SEN Transport Team

transport.team@southtyneside.gov.uk

Email

0191 427 2680

Telephone

South Tyneside Council Travel Trainers

travel.training@southtyneside.gov.uk

Email

0191 4247590 / 0191 4247595

Telephone

The LA maintains this Transport Policy to clarify and inform parents, transport providers, Schools, SEN Services of the respective points of contact, responsibilities and obligations under the Policy.

While it is expected that those transport staff in regular daily contact can deal with the majority of issues or concerns with a pupil, there may arise occasions where a satisfactory outcome is not reached.

If you have a concern over your child’s Transport Arrangements that cannot be resolved directly with the provider, please contact SEN Transport Team:

SEN Transport Team

0191 427 2680

Telephone

If there are still outstanding issues, please write to the SEN Travel and Access Officer:

SEN Travel and Access Officer

SEN Travel and Access Officer, Children & Young People, South Shields Town Hall, Westoe Road, South Shields NE33 2RL

Address

transport.team@southtyneside.gov.uk

Email

This policy will be reviewed every two years or sooner should legislation require it.

1. The nearest suitable school is the one the LA deems to be suitable for the specific needs of the pupil.
2. Section 8 of The Education Act 1996 states that a person begins to be of compulsory age when they attain the age of five. A person ceases to be of compulsory school age at the end of the day which is the school leaving date for any calendar year:
   1. if they reach the age of 16 after that day before the beginning of the school year next following,
   2. if they reach that age on that day, or
   3. (unless paragraph (a) applies) if that day is the school leaving date next following them attaining that age
3. SEN Code of Practice 2001 paras 8:87 to 8:90 - DfES Ref 581/2001
4. ‘Walking distance’ is defined as a route that can be walked rather than a route that has to be driven i.e. a route that uses footpaths and other routes which are not open to vehicles.