School Transport

LEARNER TRANSPORT

A Local Authority must assess the learner travel needs of their area that requires specific regard to the needs of learners, including those who are disabled and those with learning difficulties

The Local Authority is required to provide free home to school transport in the following circumstances:

• Learners in primary education (who aged 5 and above) will be entitled to free transport if they live two miles or more from their nearest suitable school.
• Learners in secondary education (up to age 16 in the school year) will be entitled to free transport if they live three miles or more from their nearest suitable school.
• Where such arrangements are necessary to facilitate the attendance of the child each day at the relevant place where the child receives education. This could be for example where a learner of compulsory school age cannot safely walk (accompanied or unaccompanied) to their nearest suitable school, because of a disability or learning difficulty which they have.

If parents enact their parental preference and choose a learning establishment which is not the nearest suitable school or relevant place of learning for their child(ren), local authorities are not legally bound to provide transport although they do have power to make provision on a discretionary basis under section 6 of the Measure

Can an LA ever be required to provide home to school transport for sixth formers?

There is no statutory duty on a local authority to provide free transport to a learner with a disability or learning difficulty in post-16 further education or training, although in assessing learner travel needs under section 2(4) of the Measure, a local authority “must have regard in particular” to the needs of learners who are disabled or with learning difficulties.  Although there is no duty to provide transport, there remains a power to do so.

Does an LA ever have to provide home-school/college transport for 18-25s?

There is no duty to provide transport to 18 to 25-year-old learners. Though the Learner Transport Measure 2008 requires local authorities to assess the needs of those up to the age of 19 in post-16 education, there is no such requirement for any learners over the age of 19 who did not begin their course or training before attaining that age.

Transport for children with Additional Learning Needs

Those preparing or reviewing an IDP should, where relevant, consider and record any arrangements for travel between the child or Young Persons home and the education institution. If a question arises as to whether the LA will make travel arrangements pursuant to the Learner Travel (Wales) Measure 2008 (LTM 2008) then the LA preparing or reviewing the IDP should raise the matter with the relevant transport officers and invite them to discuss the options available.  Where appropriate travel arrangement are recorded in section 3D of an IDP.

Local Authority school transport arrangements 

Each Local Authority in Wales is required to have regard for the Learner Travel Measure, which is a piece of legislation that establishes the framework for providing transport to learners, particularly to and from school or other educational establishments. The Learner Travel Measure is designed to ensure that all eligible learners, regardless of their circumstances, have access to safe and efficient travel arrangements, promoting equal opportunities for education.

In order to meet the requirements of this measure, each Local Authority must develop and implement a Learner Travel Policy. This policy outlines how the authority will provide transportation to eligible learners, including the criteria for eligibility, the types of transportation offered, and the services available to families. It is important that each Local Authority tailors their policy to the specific needs and context of their local community, while ensuring that it aligns with the overarching guidance and standards set by the Welsh Government.

In addition to detailing the eligibility criteria for travel assistance, the policy should also provide information on how parents and guardians can appeal transportation decisions made by the authority. This appeals process is crucial for ensuring fairness and transparency, allowing individuals to contest decisions regarding travel eligibility or any issues related to the transportation services provided. The appeal procedure is typically designed to be accessible, offering a clear and structured process for raising concerns or disputes.