If your child is eligible for transport because they have SEN, a disability or mobility problems, whether or not they live within statutory walking distance of the school is not relevant.

A suitable school for school travel purposes is a qualifying school that is suitable for the child’s age, ability, aptitude and any special educational needs they may have. W here a child has an EHC plan, the school named in the plan will normally be considered to be their nearest suitable school.

If your child is eligible for free home to school transport due to their SEND, there is no requirement for them to have an EHC plan or attend a special school.

Case law has decided that it is implicit that the transport provided by an LA should be “non-stressful” if the child is to benefit from education. This means the child needs to be able to arrive at school ready to learn, rather than being unduly stressed or tired because of the journey. LAs must make sure that the travel arrangements they make take account of the needs of the child concerned.

If children with EHC plans fall in one of the categories of eligible children (set out in the section on children of compulsory school age) then they will be entitled to transport. If a child with an EHC plan lives within statutory walking distance, can reasonably be expected to walk to school on their own and does not fit within one of the other categories, they will not be entitled to free home to school transport.