Children’s transport policy 2025-26 academic year onwards

Leeds Children and Young People's Transport Policy, December 2024

This policy applies to applications received for transport assistance for the 2025/26 academic year and onwards.

1. Introduction

1.1 The policy will apply to applications received for transport assistance for all children and young adults for the 2025/26 academic year and It extends to full-time post 16 and post 19 students who have Special Educational Needs and Disabilities (SEND).

1.2 In cases where a child is assessed as eligible for assistance, the local authority has a duty to make travel arrangements in relation to the child (depending on age) under Sections 508A through to Section 508F and Sections 509A, 509AA and 509AB of the Education Act 1996 (the 'Act') for the purpose of facilitating a child's or young person's attendance at the relevant education For those of compulsory school age, Local authorities must make arrangements, free-of-charge, for eligible children (as defined in Schedule 35B of the Act) to travel to school.

1.3 For post 16 and post 19 students with SEND, transitional arrangements also apply to the application of this policy, whereby the policy would be applied where any student circumstances change (e.g., moving house, moving settings, change in individual needs/disabilities) and a new application for transport assistance for the 2025/26 academic year onwards is received.

1.4 In particular this policy sets out the circumstances in which support with transport will be provided from a permanent home address to a qualifying school or college of further education for children and young people who are permanently resident within the boundary of the administrative area of Leeds and whose parents (also taken to mean legal guardians) pay their Council Tax to Leeds City.

1.5 This policy also covers all other circumstances in which support with transport will be provided including support for looked after children and those in the care of the local authority.

1.6 If a child or young person qualifies for assistance, the type of transport or assistance provided to school or college education establishment will be determined following assessment by the council as to what best meets the needs of the child or young The Model of Transport Assistance detailed in Section 9 below will apply to post 16 and post 19 students with SEND.

1.7 Eligibility may be reviewed for all children and young people on an annual The Council also reserves the right to withdraw the provision of any transport support, either for a temporary period, or permanently for serious or persistent cases of misbehavior.

1.8 Section 508C of the Education Act 1996 ('the Act') provides local authorities with powers to provide discretionary funding for those children and young people who are not eligible children under the The Council will consider support on a discretionary basis in exceptional circumstances.

2. Definitions

For ease of reference, a term that is defined below is highlighted in bold type elsewhere.

Please note: this table of definitions will be edited annually to reflect current eligibility.

3. Statutory funding – assistance with transport for eligible children of compulsory school age

3.1 Assistance with transport, paid for by the Council, will be provided for eligible children of compulsory school age who meet one or more of the statutory funding criteria outlined below.

3.2 Children under the age of eight who travel:

(a) two miles or more from their permanent home address to their nearest qualifying school, measured according to the nearest available walking route; or

(b) less than two miles from their permanent home address to their nearest qualifying school, where the nature of the route is such that the child cannot reasonably be expected to walk (accompanied as necessary) in reasonable safety.

3.3 Children aged eight up to 16 years who travel:

(a) three miles or more from their permanent home address to their nearest qualifying school, measured according to the nearest available walking route (see Notes 1 and 3 in Appendix 1); or

(b) less than three miles from their permanent home address to their nearest qualifying school, where the nature of the route is such that the child cannot reasonably be expected to walk (accompanied as necessary) in reasonable safety.

3.4 Children who are over the age of eight but who are not 11 who qualify on the grounds of low income and travel more than two miles to their nearest qualifying school.

3.5 Children aged 11 to 16 years who qualify on the grounds of low income:

(a) if they attend a qualifying school that is more than two miles, but not more than six miles from their permanent home address (as long as there are not three or more nearer suitable qualifying schools); or

(b) because their parent has expressed a wish for the child to be educated at a particular school on the basis of religion or belief, they attend the nearest qualifying school and that school is more than two miles, but not more than 15 miles from their permanent home address.

3.6 Children who attend their nearest qualifying Leeds school if their nearest qualifying school is beyond statutory walking distance from their permanent home address and is located in a neighboring District (North Yorkshire, Wakefield, Kirklees or Bradford).

4. Assistance for children of compulsory school age with a statement of special educational needs (SEN) or an Education Health and Care (EHC) plan

4.1 Assistance with transport will be provided to children who live less than the statutory walking distance from school if:

(a) he or she is the subject of a statement of SEN or an EHC plan;

(b) the need for support is apparent from their statement or EHC plan; and

(c) the child is attending the nearest qualifying school as named in the statement or EHC plan.

4.2 Where a parent requests that a child should attend a school other than the nearest qualifying school named in the statement or EHC plan, assistance will be provided on the express condition that the parent agrees to pay any additional costs incurred by the Council as a consequence of that request. Those additional costs will be calculated on the basis of the additional mileage incurred.

5. Assistance on medical grounds

5.1 Children who are not already the subject of a statement of SEN or EHC plan, but have a disability, mobility problem, congenital or permanent medical condition (for example arthritis or cystic fibrosis) that means they cannot reasonably be expected to walk to school will be provided with support if:

(a) they attend their nearest qualifying school, and that school is within statutory walking distance of their permanent home address;

(b) they are able to avail themselves of all or most of the education available in school;

(c) their application is supported by written information from a qualified medical practitioner; and

(d) parents are unable to provide their own transport.

5.2 Children who suffer a temporary medical condition will be provided with assistance if:

(a) they are able to avail themselves of all or most of the education available in school;

(b) their application is supported by a written report from a qualified medical practitioner giving details of the temporary medical condition and how long it is likely to last;

(c) the school provides written details of their timetable commitments; and

(d) parents are unable to provide their own transport.

6. Assistance for children whose parents have a disability

6.1 The parents of children of primary school age, who are disabled and, as a result of the incapacity, are unable to accompany their child on the walking route to their nearest qualifying school, may apply to Children’s Services for assistance. The following conditions apply:

(a) any application must be supported by a written report from a qualified medical practitioner;

(b) assistance may involve the provision of an escort or guide who will accompany the child on the journey to school in order for the walking route to be considered safe;

(c) only in very exceptional circumstances will this assistance extend to the provision of door to door transport;

(d) all such arrangements will be reviewed on a termly basis and transport assistance will be withdrawn in the event that the incapacity has ended.

7. Assistance for looked after children who are in the care of the Council

7.1 The majority of looked after children will attend a local school, particularly when a placement is identified as the child or young person’s long term placement, or is expected to last for more than a six month period. This enables a child or young person to access local facilities, build social relationships with their peers and participate in local activities.

7.2 The aim of this policy is to establish stable yet flexible transport arrangements that meet the needs of looked after children, and ensures that these arrangements are non-intrusive and do not set the child apart from other children. This will be undertaken by using the same arrangements as would be made for any child in Leeds.

7.3 A looked after child of primary school age will normally be escorted to school by a carer, whether this is on foot; using public transport, or the carer using their own transport. Possible exceptions to this would be for foster carers who have a number of children in placement that attend different schools. Currently foster care allowances include an allocation for transport, and so additional financial assistance will only be provided when transport costs are in excess of this amount.

7.4 The Council has a responsibility to promote appropriate independence skills. This is particularly so for looked after children. All young people will be supported and encouraged to travel independently to school, including public transport, usually from age twelve or when it is assessed as reasonable for them to do so.

7.5 The presumption will be that all looked after children over the age of twelve will be able to use public transport, or other appropriate forms of transport, rather than taxis. Taxis and private hire vehicles will only be approved in exceptional circumstances, and only after all other options have been explored.

7.6 When a child first becomes looked after, or is subject to care proceedings, Leeds City Council has a commitment to maintaining a child’s attendance at their original school where this is judged to be beneficial to the child for reasons of stability and continuity. However, wherever possible, children should transfer to a school local to their placement at the end of care proceedings, or following the move to a more permanent placement. Exceptions to this expectation would include the need to provide continuity for those in Year 6 of primary school, or young people undertaking examination syllabuses (usually in Year 10 and Year 11).

7.7 All transport assistance for looked after children will be reviewed on a regular basis, but in any case at least every three months.

8. Full-time post 16 students with an EHCP who attend a qualifying school or college of further education

8.1 Students aged 16 to 25 who have a recognised learning difficulty or disability will receive assistance, in line with section 9, if:

1. They are the subject of an EHCP and they attend the school or college of further education named in their plan;

and

2. They live more than three miles from that school or college, when measured by the nearest available walking route;

and

3. They attend school or college for at least twelve hours of guided learning each week of the academic year.

Anyone who does not meet the above criteria should refer to the exceptional circumstances detailed in section 11.

Please note that post 16 students aged 16-18 may be charged a contribution for travel assistance, i.e., when parents/carers have chosen to decline an offer of a place at the nearest setting able to meet the young person’s needs.

9. Model of Transport Assistance for post 16 and post 19 students with a SEND/EHCP who attend a qualifying school or college of further education

Transport assistance will be offered to eligible young people with SEND in post 16 education, post 19 adult students with SEND and all others to whom discretionary assistance has been awarded. Transport assistance will be made available on the following basis, depending on eligibility and the level of transport need, assessed against the policy:

1. Provide a free public transport pass (or equivalent cost) for a young person who is able to travel independently or could make the journey to their learning setting on public transport, accompanied by an adult as necessary.

2. Provide Independent Travel Training (ITT) for a young person who has the potential to travel independently, with an award of a free public transport pass on completion (or equivalent cost).

3. Issue a yearly flat-rate Personal Travel Allowance (PTA) based on distance from home to their nearest qualifying school or college able to accommodate the young person’s needs, to enable them to make their own travel arrangements, as follows: - Between 3 and 10 miles – £1,000 per year - Between 10.01 and 20 miles – £2,000 per year - Over 20.01 miles - £3,000 per year

4. The consideration of transport assistance for applications made against the exceptional circumstance criteria set out in section 11 below.

PTAs are provided to support access to post 16 and post 19 education. Young people and adults attending school or college on a part-time basis will be awarded a prorated PTA.

The rates for PTAs will be reviewed annually to consider these payments, taking into account factors such as inflation.

10. Transitional arrangements

This new criteria would be applied to new post 16 and post 19 applications received for the 2025/26 academic year onwards, or where any student circumstances change (e.g., moving house, moving settings, change in individual needs/disabilities) and a new application for transport assistance for the 2025/26 academic year onwards is received.

11. Exceptional circumstances

All applications for transport assistance are considered on a case-by-case basis by the council’s Children & Families Transport Team.

Under this policy, the usual offer for post 16 and post 19 students unable to travel on public transport, or unable to travel independently through Independent Travel Training (ITT), would be the award of a Personal Travel Allowance (PTA). This would also to be the case for young people who fall outside of the eligibility criteria (see section 8), but who do meet the exceptional circumstances criteria set out below:

1. Due to the complexity of a young person’s medical needs and/or SEND

2. Because it is assessed by the council to be the most efficient use of council resources

3. Where it is considered by the council to be in the best interests of the young person (e.g., where there is a safeguarding risk, or it is not reasonably practicable to access education if no arrangements were made)

4. Particular circumstances around the availability/logistics of independent travel options

Council-organised transport (e.g. a taxi or minibus) would also be considered for all young people eligible for assistance and who also meet the exceptional circumstances criteria.

Nothing in this section would prevent the council from exercising its discretion to award or provide any other offer of assistance as it felt appropriate in the individual’s circumstances.

12. The right of appeal

12.1 Parents have the right of appeal if:

(a) support with the cost of home to school transport is refused and they believe the policy has been wrongly applied; or

(b) they feel their child’s circumstances are exceptional and warrant support from the Council on a discretionary basis; or

(c) they consider the support offered to be unsuitable.

12.2 The appeal process has been revised in accordance with government guidance issued in January 2024.

12.3 Transport appeals will normally be considered by a panel of senior council officers who are unconnected with the administration or management of the transport team and have no prior involvement in the original decision.

Further details of the procedure may be requested from Children‘s Transport at: send.transportapplications@leeds.gov.uk.

Children’s Transport
Assets and Access
Children and Families
Merrion House
110 Merrion Centre
Leeds
LS2 8LX

Appendix 1: Additional explanatory notes

Note 1 – Nearest available walking route

When assessing the “gate-to-gate” distance between a child’s permanent home address and a qualifying school, measurements of up to three miles will be made on the basis of the nearest available walking route. Distances of more than three miles will be measured along road routes and will not include any route or parts of routes which would not be passable using a suitable motorised vehicle.

Note 2 – Permanent address and moving house

Entitlement to free transport for children whose parents move house will be reassessed according to this policy. Free transport may nevertheless be provided to the original school if the child:

• is in his or her final year (Year 6) before transfer; or
• he or she is following a course of study leading to a major public examination (Year 10 and Year 11 inclusive)

Proof of address may be requested in the form of a recent utility or Council Tax bill; a tenancy agreement; evidence of registration on the electoral roll, or other valid evidence.

Note 3 - Reasonable safety

Assessments of the comparative safety of a route will involve such factors as the age of the child; the width of any roads travelled along; the existence of pavements; the volume and speed of traffic travelling along any roads; and whether or not any potential risks might be mitigated if the child were accompanied by an adult.

Note 4 - Religion or belief

A ‘belief’ must be genuinely held with the parent bearing a heavy burden of showing that it is the real reason for making a particular choice of school. In order to demonstrate such conviction, any application for free travel to a particular faith school will be considered by making reference to the reasons given by the parent on the Common Preference Form (or a Transfer Request Form, where applicable) for making that their school of choice. In this respect, the basis of the decision made by the school’s governing body to accept the child into the school may be an important factor in determining eligibility to free travel.

Where parents on qualifying low income have chosen a school because of its single sex-status, free travel will only be granted if it is clear that their beliefs are the overriding motivation for such a choice. This motivation should therefore have been made clear on the Common Preference Form (or Transfer Request Form, where applicable).