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4. Eligibility

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Eligibility

  1. There are four main categories of eligible children set out in law:

- Children living beyond the statutory walking distance from school

- Children from families on low-income who have extended rights to travel assistance to a choice of schools.

- Children who cannot reasonably be expected to walk to school due to unsafe walking routes

- Children who cannot reasonably be expected to walk to school due to special educational needs, disability (SEND), and mobility problems.

  1. Other family circumstances, such as parents and carers attending work or looking after other children, will not normally be considered when determining eligibility.

  2. We expect you to arrange appointments for your children outside school times, and to arrange transport to and from those appointments independently yourself. If your child is ill, or in detention, this is your responsibility. We won’t take you to and from school for meetings; we only provide transport/travel assistance for your child.

Statutory walking distances

  1. Local authorities have a statutory duty to provide free transport/travel assistance to all children who meet the statutory walking distances eligibility criteria set out in the government home to school travel and transport guidance.

    View the government publication on home to school travel guidance [External Link].

  2. The Council will provide free home to school travel assistance for children of compulsory school age attending their nearest suitable school who meet the 'qualifying distance' criteria which are:

- If a child is under 8 years of age and lives over two miles from their nearest suitable school; or

- If a child is aged between 8 and 16 years and lives over three miles from their nearest suitable school.

  1. In defining the ‘qualifying distance’ we will assess whether the distance between a child’s home and their school is further than the statutory walking distance, by measuring the shortest route along which a child, accompanied as necessary, may walk in reasonable safety. This may not necessarily be the shortest distance by road.

  2. The term nearest suitable school is defined as a school which has places available and that the Council deems to provide education appropriate to the age, aptitude and ability of the child and any special educational needs or disabilities he or she may have. The nearest suitable school does not mean the most suitable school for a child; this means that having reasons for naming a more distant school will not normally be considered.

  3. When considering the nearest suitable school, the Council will use the same methodology as used to determine the ‘qualifying distance’. The nearest suitable school will be defined as the school that is the shortest route along which a child, accompanied as necessary, may walk in reasonable safety.

  4. When a child cannot be offered a place at the nearest suitable school to the home address, the Council will, subject to the criteria set within this policy and the qualifying distance being met, provide transport to the next nearest suitable school with space to admit. For transport to be provided in this instance you must provide evidence that you have applied for and been refused a place at the school which is the nearest suitable school for the child’s home address and any other schools closer than the school offering admission.

Children from families on low-income who have extended rights to travel assistance to a choice of schools

  1. In addition, for children who are entitled to free school meals or whose parents or carers are in receipt of maximum Working Tax Credit, free travel assistance will be provided, if:

- The nearest suitable school is beyond two miles (for children over the age of 8 and under 11);

- The school is between two and six miles (for children aged 11-16 where there are not three or more suitable nearer schools);

- The school is between two and 15 miles and is the nearest school preferred on the grounds of religion or belief (for children aged 11-16). For an application for travel assistance to be agreed under this section, the expectation will be that the school that is preferred on the grounds of religion or belief will be named above any non-faith schools that have been named on the application form.

  1. We will request evidence from families on a low income as part of the application process. Residents can apply for free school meals on the LBS website [External Link]. Please note you will only be able to apply for Free School Meals where your child’s school or educational setting has signed up to the Council’s eligibility checking service. If your child’s school is not listed in the application form, you will need to apply to your school separately. Alternatively if you have evidence that you are eligible for FSM you can submit this as part of your application.

  2. ‘Maximum Working Tax Credit’ is defined as follows: when you are first awarded tax credits, or following a change in their household circumstances, HM Revenue and Customs may issue a “tax credit awards notice” detailing the breakdown and amount of the award. Part two of the award notice gives details of “How we work out your tax credits” including details of the full WTC elements. This is the maximum amount you can receive in WTC in any year. It then lists “any reduction due to your income” and shows the net amount payable. In order to qualify this amount must be £0.00.

Unsafe walking routes

  1. Local Authorities are also required to make transport / travel assistance arrangements for all children who cannot reasonably be expected to walk to their nearest suitable school because the nature of the route is deemed to be unsafe.

  2. Where a child is not deemed eligible for transport to their nearest suitable school because it is under the relevant distance threshold, but you believe the route is unsafe, even when accompanied by an adult, you should include this information in your application providing details of the route in question.

  3. Safe walking routes will be inspected by the Council. If the route is agreed to be unsafe, an alternative safe route will be measured and if your child is then beyond the statutory walking distance, he/she will be eligible for free travel assistance.

  4. Where a new route previously considered to be unavailable becomes available (for example through the provision of a new footpath), transport will no longer be provided to any new applicants for travel assistance. If your child has been entitled to transport due to an unavailable route that has become available, you will be written to with an explanation of the change and provided with assistance for four weeks, or the end of the half-term whichever is longer, after a route is reassessed before travel assistance will be withdrawn.

Children who cannot reasonably be expected to walk to school due to special educational needs, disability, and mobility problems.

  1. The Council must make travel assistance arrangements for those children who cannot be reasonably expected to walk to school because of their special educational needs, their disabilities, or health and safety issues related to these needs and disabilities.

  2. Eligibility for travel assistance for these children and young people will be assessed on an individual basis to identify their specific transport needs. A child is not solely eligible for travel assistance because they have an EHC plan or because they attend a special school. Nor is a child solely ineligible because they aren’t supported with an EHC plan or because they attend mainstream provision.

  3. In such cases, requirements such as the statutory walking distances do not apply and will not be considered when assessing their travel assistance needs.

  4. In determining whether your child cannot reasonably be expected to walk between home and school, the Council will consider whether they could reasonably be expected to walk if accompanied and, if so, whether you as parent or carer can reasonably be expected to accompany your child. Ordinarily, the expectation is that a child will be accompanied by a parent or carer; work commitments and other care arrangements will not be considered, however, you may set out reasons why you are unable to reasonably accompany your child or make alternative arrangements.

  5. When assessing entitlement for travel assistance for a child with SEND or mobility problems, the Council will consider the individual needs of each child. This may include taking professional advice from those involved in your child’s care, such as educational psychologists, medical officers, information provided by your child’s school, relevant information included on their EHC Plan or individual healthcare plan if they have one, and information provided by you, before arriving at a final decision. Consideration will also be given to your child's physical and medical requirements including any disabilities they may have.

  6. The following factors will be taken into consideration when assessing eligibility for travel assistance:

- the age of the child

- the distance of the child from their nearest suitable school

- whether the child is physically able to walk the journey to school

- whether the walking route is appropriate for the child and their specific needs and allows them to arrive in a fit state to be educated

- whether a child's emotional and behavioural difficulties will create a clear health and safety hazard to themselves or others on the journey to school

- the child’s special educational needs and disabilities (SEND)

- any other exceptional circumstances.

  1. This list provides guidance but is not exhaustive and it is not presented in any particular order of importance. Meeting one or more of the criteria does not automatically entitle a child with SEND to travel assistance.

  2. For a child with an EHC plan, the nearest suitable school is still defined as a school which has places available and that the Local Authority deems to provide education appropriate to the age, aptitude and ability of the child and any SEND he or she may have. If you express a preference for a school that is not their nearest suitable school, the Council may consider agreeing to that placement on the basis that you will arrange the travel.

Exceptional circumstances

  1. Section 7 of the Education Act 1996 sets out parental duty, with the overriding expectation that you should undertake your legal responsibility to get your child(ren) to and from school and as such the Council will need to be satisfied you have demonstrated why you, for social, medical, financial, or personal reasons, cannot undertake this duty.

  2. Recognising that the Council's discretionary powers should not be unreasonably restricted by its general policy, the Council will consider and may agree to requests for travel assistance where there are considered to be exceptional circumstances that prevent your child accessing their school unless travel assistance is put in place. If you believe exceptional circumstances exist and assistance with travel is demonstrated as necessary, then a transport application form must be completed and submitted with all relevant information and evidence for consideration; the Council will not seek evidence on your behalf.

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