Last updated: September 2021 (Appeal procedure modified)
Document summary
This document sets out the East Sussex County Council’s current home to school transport policy for school aged students who live in the county. This policy follows what we need to do by law, and it should be noted that it could be subject to change in the future. Therefore, this policy does not amount to a legitimate expectation that any service currently offered will continue to be offered.
Contents
Introduction
1 Qualifying criteria for home to school transport
1.1 Statutory walking distance
1.3 Extended rights eligibility (low-income grounds)
1.4 Pupils with medical conditions
2 Types of travel assistance for eligible children
2.1 Using the bus and rail network
2.4 Service standards for hired transport
3 Application process
4 Review of transport provision
5 When transport is not supplied
6 Vacant seats scheme
7 Support in further education
8 Appeal process
9 Complaints
Introduction
Parents and carers have a legal responsibility to ensure their children attend school regularly. This includes arranging travel to and from school, meeting the costs of this and accompanying their child(ren) as necessary.
In some cases, the Council has a legal obligation to provide suitable free school transport. Transport will be provided in the most cost effective and appropriate way for the child’s needs. This policy summarises the categories of eligible children, the provision offered, circumstances when assistance is not provided, and how to appeal a decision.
Separate documents set out the provision for children and young people with Special Educational Needs and Disabilities (SEND) of statutory school age (Reception to Year 11 pupils), young people of sixth form age and adult learners. Find out more on our School transport policies download page.
1 Qualifying criteria for home to school transport
The following circumstances explain when transport assistance can be provided to children of compulsory school age. If your situation does not meet the eligibility criteria, we are unable to provide support.
1.1 Statutory walking distance
We will provide free transport between home and school for children over eight years of age who live more than three miles away from their designated school, or two miles for children under eight years of age. This is known as the statutory walking distance.
Distances are measured by the shortest available walking route using our Geographical Information System, taking account of public footpaths.
The designated school is the school suitable to the child’s age and ability which serves the area in which the child lives. If there is more than one school, this is the nearest school to the home which is suitable for the child and at which a place is available (measured as above and not in a straight line or any other method).
1.2 Route safety
This relates to children who live within the statutory walking distance and are attending their designated school. Assessments do not determine whether a route is “safe” or “dangerous”. All roads may be thought of as presenting some element of road safety risk, whether they are heavily trafficked urban routes, or more lightly trafficked rural routes. Instead, the assessment determines whether transport should be provided because a child’s only walking route presents specific road safety hazards.
Where parents have reservations about the suitability of a route, the Road Safety Team will look at the relationship between pedestrians and traffic and will make a formal assessment based on national guidance. Issues surrounding personal security do not form part of the assessment and the Council is able to assume that a child is accompanied by a responsible person. There is no requirement for a route to be lit and temporary closures such as road works or flooding are not considered. Assistance will not be provided if alternative routes are available within the statutory walking distance.
Parents are responsible for ensuring their child has suitable clothes and equipment for the journey (for example, boots, wet weather clothes, reflective bands, torch, etc) and national guidance is quite clear that conditions such as muddy footpaths or lack of street lighting do not mean that a route is not available. Available routes include crossing fields, wooded areas, bridleways, public footpaths and public rights of way.
1.3 Extended rights eligibility (low-income grounds)
Free transport is provided to pupils entitled to free school meals or whose families receive the maximum level of Working Tax Credit** in the following circumstances:
Primary age
pupils – Children
over eight whose designated school is more than two miles but less
than three miles from their home will continue to receive transport
assistance if they are from a low- income family.
Secondary age pupils
– Children from low-income
families will qualify for free transport to one of their three
nearest schools from where they live, provided the school attended
is more than two miles but less than six miles away. Distances up
to two miles are measured using the shortest available walking
route whereas the six mile upper distance limit is measured using
roads only.
Secondary age pupils attending church aided schools –
Children from low-income families attending the nearest church
school preferred on grounds of religion or belief, will qualify for
free transport to that school if it is more than two miles but less
than fifteen miles away from home. Confirmation of baptismal status
or support from the parish priest or minister is
required.
Secondary age pupils attending selective schools – Children from low-income families attending the nearest selective school will qualify for free transport to that school if it is more than two miles but less than fifteen miles away from home. (A ‘selective school’ admits students on the basis of some sort of selection criteria, usually academic)
**You can tell if you are in receipt of the maximum WTC from your tax credit award notice issued by HM Revenue and Customs. Part 2 entitled ‘How we work out your tax credits’ includes details of WTC elements other than childcare. It then lists ‘any reduction due to your income’. You are in receipt of the maximum where the reduction shows as £0. Alternatively, you will be on the maximum if your assessed income is below the £6565 threshold.
You can apply online at https://www.eastsussex.gov.uk/educationandlearning/schools/transport/free/form-travel-assistance/
If you do not have access to the internet, please contact the Admissions Team on 0300 330 9472.
1.4 Pupils with medical conditions
Some children may be unable to walk even a short distance to school. We may be able to provide travel assistance if all other solutions have been investigated. For example, if arrangements with another parent or discussions with the school about travel options have been unable to provide a solution.
To qualify for help your child must be attending their designated school. Additionally, we will need to establish that your child cannot be reasonably expected to walk to school. To assist in determining this, we will need to see medical evidence from a consultant or GP confirming your child’s medical condition and any relevant facts regarding or impacting upon his or her mobility.
Please note that a fee may be charged for supplying the medical evidence and you would need to pay any costs. We will also need to know how long transport assistance is required and an indication of what type of travel is appropriate. If transport assistance is agreed, your case will be reviewed regularly.
Go to eastsussex.gov.uk/educationandlearning/schools/transport/free/medical-condition/ for an application form.
1.5 Accompaniment
The general expectation is that a child will be accompanied by a parent where necessary, unless there is a good reason why it is not reasonable to expect the parent to do so, for example, if a parent’s disability prevents them from accompanying their child to school.
If you are prevented from accompanying your children on the home to school journey because of a disability*, we may be able to provide travel assistance if all other solutions have been investigated. For example, if arrangements with another parent or discussions with the school about travel options have been unable to provide a solution.
* a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on your ability to do normal daily activities.
To receive help, your child must be attending their designated school. We will then look at the distance to school. Where the distance is very short, assistance may not be agreed, especially for a child in Year 5 or 6.
You will need to complete an application form (see paragraph 1.4) and attach medical evidence from a consultant or doctor which must not be older than three months from the date of application. Please note that a fee may be charged for supplying the medical evidence and you would need to pay any costs. Transport cannot be arranged until the medical evidence is provided. If transport is agreed, your case will be reviewed regularly.
2 Types of travel assistance for eligible children
2.1 Using the bus and rail network
It is for the Council to decide on the travel arrangements available to get pupils between home and school at the beginning and end of the school day. In most cases, we provide a ticket for use on public transport or provide a seat on a hired coach.
Students are collected as near to their home as possible, although they may have to walk a ‘reasonable’ distance to meet the transport. This will not usually be more than one mile from the home address. The responsibility for ensuring a child’s safety in getting to and from the picking up point rests with the parent or carer.
Best practice suggests that the maximum each way length of journey for a child of primary school age to be 45 minutes and for secondary school age 75 minutes. For children with SEN and/or disabilities, journeys may be more complex and a shorter journey time, although desirable, may not always be possible especially if the school is situated outside of the county.
2.2 Mileage payments
If there is no suitable public transport or hired vehicle, parents willing to make their own travel arrangements will receive help with the cost of two return journeys a day. This is based on the distance between home and school. Payment is made on a family basis at the rate of 25p per mile since the cost will be the same for two or more children, with changes to this cost if children are at different schools.
This is not available to parents who prefer to make their own arrangements to transport their child to their designated school if public transport or a hired vehicle is available.
2.3 Travel by taxi or minibus
In cases where the home address is not served by public transport, hired transport will be provided to get pupils between home and school at the beginning and end of the school day. Once authorised, new transport solutions can take up to 10 working days to organise.
In the morning, you will need to have your child ready at the agreed collection time. Drivers are required to wait for five minutes from the agreed time before leaving. It is also the responsibility of the parent or carer to get the child into the vehicle and the school’s duty to get the child from the vehicle into the school building.
In the afternoon, you will need to make sure that a responsible person is at home to receive your child at the agreed time. Drivers are required to wait for five minutes after the agreed drop-off time before leaving, as delays could impact other children and their families. Failure to make sure that a responsible person is at home to receive the child may result in the child being taken to a safe place. Costs associated with looking after or transporting your child due to a parent or carer not being ready to receive the child will be passed on to the family. It is also the parent or carer’s responsibility to collect their child from the safe place or arrange and pay for their travel home.
2.4 Service standards for hired transport
Licensing and training of drivers and escorts
Drivers of coaches will possess PCV licenses. Taxi drivers will have been approved by the local Borough or District Council licensing officers. The County Council offers training to drivers and escorts to support them in their role, including additional guidance about individual pupil’s needs.
Disclosure and Barring Service
All drivers and passenger assistants of taxis, minibuses and hired coaches on Council commissioned transport are subject to a DBS check. This does not currently apply to those driving public transport.
Suitable vehicles and equipment
Vehicles used to transport children will be appropriate to the needs of the child. Where children need to be transported in their wheelchairs, a specialist vehicle will be provided. Other essential items of equipment will also be transported.
All parents or carers will be provided with detailed information about the travel arrangements if assistance is provided. Such as: driver name and phone number, pick up and drop off times, and handover arrangements.
Monitoring operator performance
If parents have any concerns about the service being provided, they should contact staff in the Transport Hub in the Communities, Economy and Transport Department so that the concerns can be raised with the provider of the transport service. Please phone 01273 335067. Service performance is subject to a contract between the operator and the Council.
3 Application process
Eligibility for children of compulsory school age based on age and distance and route safety (sections 1.1 and 1.2) is assessed when school places are allocated. An application is required if assistance is being sought because of extended rights/low-income grounds and medical conditions (sections 1.3 and 1.4).
4 Review of transport provision
We will make regular checks to ensure the eligibility criteria continue to be met although you should inform us immediately if you move address or your child changes school. Failure to inform us of a change of circumstances may result in you having to pay back unused portions of rail or bus season tickets.
The mode of travel being used to provide assistance will also be reviewed regularly to make sure that the service provided continues to be appropriate for the child’s needs. It is for the Council to decide what is a suitable transport arrangement.
5 When transport is not supplied
Transport services other than at the start or end of the school day
Our duty is to provide transport to get children to and from school at the beginning and end of the school day. It is the responsibility of parents or carers to arrange and pay for transport at other times. For example, we do not provide transport for: