Home to mainstream school transport policy 2024/2025

January 2023

1 What do the council have to provide by law?

1a Education Acts

Under section 508 (B) of the Education Act 1996, we must provide free transport to and from school for your child if they are aged 5 to 16 and they live outside the legal walking distance between your home and the nearest qualifying school. We must provide additional assistance for families who have a low income.

The Department for Education published statutory guidance for local Authorities in July 2014; Home to school travel and transport guidance.

1b Walking distances

By law, we must provide free transport to and from school if your child is:

under eight years old and has to walk more than 2 miles (3.218688 kilometres) to the nearest qualifying school or
aged eight or over and has to walk more than 3 miles (4.828032 kilometres) to the nearest qualifying school

We measure the distances using the shortest suitable walking route.

1c Families who have a low income

Families qualify for low income, free transport if you are in receipt of one of the qualifying benefits for free school meals or the maximum amount of Working Tax Credit.

If you have a low income and your child is in Year 7 to 11 in secondary school, we may be able to provide free transport if they go to one of their three nearest schools. For your child to receive free transport, the school must be between 2 and 6 miles away from your home.

Additionally, if you have a low income we will provide free transport for your child if they go to their nearest school of faith and they were admitted on faith grounds and the school is between 2 and 15 miles from your home.

If you have a low income and your child is at primary school, we must provide free transport to and from school if they have to walk more than 2 miles (3.218688 kilometres) to their nearest school.

1d Parental preference

You have the right to say which school you would prefer your child to go to (under section 86 of the School Standards and Framework Act 1998), but this does not automatically mean that your child has a right to free transport to the school. You are responsible for making sure your child gets to school.

1e Special Educational Needs (SEN)

The Council has a separate SEN Transport policy for children that have an Education, Health and Care Plan (EHCP) or have a full Statement of SEN which is due to be converted to an EHCP. The Council must provide transport for your child if they, attend their nearest qualifying school, live under the statutory walking distance, but because of a special need or disability it would be unreasonable to expect them to walk to school.

1f Suitable Schools

When assessing eligibility under this policy , the County Council considers whether the nearest qualifying school has places available and provides education appropriate to the age, ability and aptitudes of your child and any Special Educational Needs your child may have. For children looked after, the nearest suitable school would be that identified by the social worker.

1g How do we re-assess your claim?

If your circumstances change, for example there is a change of address, we will re-assess your claim under the policy that is applicable at the time of your application being submitted with your change of circumstances.

2 What extra help can we provide?

2a

Section 1 explains what help we have to provide by law. The Education Act 1996 also allows us to provide extra help with travel costs in certain circumstances. These are discretionary elements of the Home to School Transport Policy and can be subject to change in the future.

2b Help with travel costs if your child goes to a school which is not their nearest school

If your child goes to a school which is not their nearest school, we will still provide free transport if they meet the distance criteria and:

your child moves home while they are in Year 6, 10 or 11, and they previously attended their nearest school and the pupil is from a low income family or
there are, in the opinion of County Council officers, exceptional circumstances

2c Help with travel costs if your child lives less than the legal walking distance away from their nearest qualifying school

If your child lives within the legal walking distance, we will still provide free transport if:

the walking route in the opinion of the local authority is not suitable (see Annex A) ; or
your child has special educational needs or a medical condition which means it is unreasonable to expect them to walk to school

2d 1.1. Travel assistance grant

Where it is agreed that a child is entitled to home to school transport, parents/carers who are able to transport their children to school may request a Transport Assistance Grant from the Integrated Transport Service. In this situation the parent/care would arrange transport for the child to travel to and from school, rather than the council. The grant will be entirely at the discretion of the council and only provided where it supports the efficient use of resources. It is unlikely to be available where existing suitable transport is in operation locally.

The Travel Assistant Grant is designed to help parents/carers make any arrangements needed and can be used in any way to facilitate their child's access to education. It is paid over eleven months directly into the bank account of parents/carers. The grant is based upon the one-way distance to school on the shortest appropriate route and will be determined by the Integrated Transport Service. The only exception to this is for a journey over twenty-five miles.

The Travel Assistant Grants are grouped into bands according to the distance between the child's home and their school, these are as shown below:

Band 1 – Up to 5 miles
Band 2 – Over 5 miles up to 10 miles
Band 3 – Over 10 up to 15 miles
Band 4 – Over 15 up to 20
Band 5 – Over 20 up to 25
Band 6 – Over 25 miles - Journeys will be paid on a home to school mileage basis, based on a standard return trip.

The bands cover the basic cost of transporting a child to and from school. Parking, subsistence, and other costs are not provided. Where a grant is offered partway through the school year, or where attendance at school is on a part-time timetable, the total payment provided will be on a pro rata basis. The terms and conditions of the grant will be fully detailed in the Transport Assistance Grant agreement letter.

If a parent/carer wishes to stop receiving a grant, a reapplication for transport is required due to this change in circumstances, which can take up to six weeks to be approved and implemented, and it is the parental responsibility to continue to provide transport and ensure their child or young person attends school during this time.

No reduction in the grant for infrequent non-attendance will be made. For regular and frequent non-attendance, the council reserves the right to make a pro-rata reduction to the grant and review the provision of a grant.

You can view current travel assistance grant values on our website.

3 How do I apply for help with transport to and from school?

Application form

When your child starts at secondary school their entitlement to receive transport assistance will automatically be assessed. If your child is eligible to receive help an application form will be issued to your home address in June.

3a Renewing travel passes

Once your child has been awarded travelling expenses this will be automatically renewed each year if you are still entitled. The Council will advise you if you are no longer eligible.

If you have been issued with a Gold pass, the bus pass will remain in use until the expiry date on the front of the pass. It will not be renewed on an annual basis. If your child loses or damages their travel pass, refer to section 7e.

Some children are subject to an annual re-assessment of their entitlement to receive assistance. This assessment is normally carried out during the summer term.

3b Timescales to apply for a travel pass

It normally takes us up to 10 working days from the date we receive your application to issue your child’s pass. This is subject to us having been provided with the full information to assess your claim (it may take longer in busy periods, such as August and September). We recommend that you apply for your child’s travel pass in plenty of time before the start of the school year. If you don’t, you may have to pay your child’s travel fares and we may not be able to refund this money. We will only refund any travel fares you have to pay while you are waiting for your child’s travel pass if we have caused the delay.

3c What happens if I move house?

If you move house, you need to notify the County Council as there will be a need to re-assess your application. If you were previously entitled and still remain entitled, the Council may need to amend your travel-pass.

4 How will you assess my claim?

4a The area your child lives in

To be eligible for free transport to and from school under this policy, your child must live in the Lancashire County Council administrative area.

4b Legal walking distances

If your child goes to the nearest qualifying school, we will provide free transport if they are:

under eight years old and the shortest suitable walking route is more than 2 miles (3.218688 kilometres) from the nearest school or
aged eight or over and the shortest suitable walking route is more than 3 miles (4.828032 km) from the nearest school

4c Assessing your child's eligibility to receive transport assistance is a two part process.

Firstly, your child's nearest school for transport assessment purposes is determined.

The nearest qualifying school for your child will usually be the one:

which is the closest to your home ( measured by the shortest walking or road route, as accepted by the Council to 4 decimal places ). For those children living close to the Lancashire boundary the nearest school may be situated in another local authority area
where there is a place available or where a place could have been offered at the allocation stage of school admissions had it been requested.

There is no sibling link for transport entitlement. Transport entitlement is considered on an individual basis for each child as the nature of applications and allocations will change each year. In Year applications are also assessed on an individual basis.

4d Measuring the shortest route to the determined nearest school

Once the Council has established the nearest school, we will measure the distance to that school using the shortest suitable walking route measured to 4 decimal places .

For the 2024/25 round, it is possible that the Local Authority may be using a new measuring system. Should this be in place, the Ordnance Survey Address Point of your home address will be used.

For the existing measuring system, this may include measuring along roads, footpaths and bridleways.

We will measure from the nearest boundary entrance of your home (for example, your gate) to the nearest entrance to the school which your child can walk to. We will not include your drive or the drive at the school (if this applies) in this measurement. In most cases, we will take the measurement using computerised map measurements. If these measurements are close to the mileage limits, we will measure them on foot using a trundle wheel.

4e Working out whether a place is available

When we are working out whether places are available at a school nearer to your home, this will be what was or is available during the normal admissions round when places are being allocated.

Additionally, If you move into a new area or your child changes schools, we will work out if places were available at the time of your change in circumstances.

4f Late applications

If you are offered one of your expressed preference schools and this is over the legal walking distance from home, then free transport will not be offered if there was a place available at a nearer qualifying school at the time of school place allocation.

4g Schools that are not in Lancashire

If your child gets a place at a school which is located within another local authority, we will only provide free transport if it is determined that this is the nearest qualifying school at which a place is available.

4h If we do not meet your preferences and you made an on time secondary school application

If we offer your child a place at a secondary school which is not one of the three schools you listed as your preferences on your application for a school place, we will provide free transport as long as:

you meet the conditions relating to distance; and
there is no place available at an alternative school nearer to your home address (including those in neighbouring districts of Lancashire and in other local authority areas).

4i If your child is nearly eight years old

If we provide free transport for your child and you live between 2 and 3 miles from their primary school, we will continue to provide this help until the end of the academic year in which your child turns eight years old.

4j Compulsory school age

By law, only children aged 5 to 16 are entitled to free transport to and from school. However, if your child is under five years old and at primary school, as part of our discretionary transport arrangements, we will provide free transport as long as they meet all the relevant conditions.

Pre-school

We will not provide free transport if your child is at nursery school or in a pre-school class (even if there are agreed deferred entry arrangements in place).

4k Independent (private) schools

We do not provide free transport if your child goes to an independent school.

4l Unsuitable routes

If we think that the shortest walking route to a school is not suitable for children when walking with an adult, we will look to find a suitable alternative which is less than the legal walking distance to school.

As explained in paragraphs 4c-4e we use the shortest route to decide the nearest school. If we can’t find a suitable walking route, we will provide free transport to the nearest school. The council will not consider the suitability of a walking route to a school unless the child goes to their nearest school. In Annex A we have explained our guidelines for assessing the suitability of walking routes.

4m Definition of 'home'

If your child lives in two different homes, (there is a shared parenting arrangement in place between mother and father or other approved carers), we will only provide transport from one of the addresses.

To work out whether your child is entitled to transport to and from school, we will use the address which we consider is your child’s main home.

To decide which of the homes is your child’s main home, we will consider:

the address which you specifically chose to use when applying for a school place
the address at which your child spends most school days and
the address you give your child’s doctor, dentist etc

If your child spends an equal amount of the school week at each address, we will usually consider the main address to be the one which you declared on your admission application. This is normally where your child wakes up on the most school days during the school term (Monday to Friday).

You should be aware that entitlement to assistance with home to school transport is assessed separately after the admission process (after school places have been offered).

You cannot use an address to apply for a school place and another to have transport entitlement assessed.

For a new address to be accepted, there must be very exceptional reasons for the change, for example the sale of a property, house fire at one address, bereavement or relocation of the parents/carers to a single property. Parents must provide the necessary evidence for the Council to consider. A change in a child's living arrangements, for example spending more time at the new address, will not generally be considered to equate to exceptional circumstances.

4n Providing free transport to medical or other professional appointments or extra-curricular activities

If your child is entitled to free transport from home to school, their travel pass will not cover any extra journeys during the school day. For example they will not be able to use their travel pass to get to medical or other professional appointments and we will not refund the cost of fares if your child takes part in extra-curricular activities.

4o If your child moves home while they are in Year 6, 10 or 11

If you move home and your new address is over the statutory walking distance, we will normally provide transport if your child is in their last year at primary school (Year 6) or if they are at secondary school and they have started their GCSE courses (normally Years 10 and 11). We will consider several things when we make our decision, such as:

the cost of the transport
how easy it is to move your child to another school
the distance involved
whether your child was at the nearest suitable school to your previous address and
whether you chose to move or whether you have been forced to move

We will also need proof (such as a solicitor's letter or a rental agreement) confirming the date you moved.

This discretion will only apply to pupils from low income families.

4p Help for younger brothers and sisters

If we provide free transport for your child on low income grounds and you move home while they are in Year 6, we will also provide free transport for any of their younger brothers or sisters to go to the same school until the end of that academic year. We will only continue to provide this help after your older child leaves the school if the school your younger children are at is the nearest school with places available and they meet the distance criteria.

4q Other reasons why your child may not be entitled to help with travel costs to and from school

We will not consider the following when we decide if your child is entitled to free transport to and from school.

4q1 Brothers and sisters

When you are applying for a school place, you have the right to say if you would prefer your child to go to a particular school. If your child has an older brother or sister at the school which you prefer, this will often be considered in the allocation of places. We will not take this into account when we assess whether your child is entitled to free transport

4q2 Family links with a school

When we decide if your child is entitled to free transport, we will not take into account whether your child currently has family members at a school, or whether members of their family have gone to that school in the past.

4q3 Financial circumstances

When we decide if your child is entitled to free transport, we will only consider your financial situation if you are on the qualifying benefits for free school meals or the maximum amount of Working Tax Credit.

4q4 Single-sex or mixed schools

We will not agree to provide free transport just because you would prefer your child to go to a single-sex school or a mixed school.

4q5 Selection tests

Just because your child passes an entrance exam for a school does not mean that we will provide free transport. This applies to Lancashire's four selective grammar schools/academies.

5 Faith Schools

The County Council will no longer provide any discretionary denominational transport assistance for all pupils commencing at primary or secondary school.

The removal of this assistance was phased-in so that children who started school under one set of transport arrangements continued to benefit until they concluded their education at that school, choose to move school or changed address.

However, if the faith school is the nearest school and the family meet the distance criterion, free transport will be received.

6 What if I have a low income?

If your child is entitled to free school meals or you receive the maximum amount of Working Tax Credit, you are defined as being on a low income. We have to provide extra help on top of that set out in sections 4 to low income families.

6a Secondary Schools

If your child is at secondary school, we will provide free transport to one of the three nearest schools as long as the school is between 2 and 6 miles from your home.

6b Faith Secondary Schools

If you have expressed a wish based on your religion or belief for your child to attend your nearest qualifying school, we will provide free transport to the nearest faith high school if it is between 2 and 15 miles from your home.

6c Applying for a school place outside normal times

If you apply for a school place for your child outside the normal time for applying for places, the three nearest schools will be those with places available at the time of your change in circumstances.

6d Applying for a school place within normal times

If you apply for a school place within the normal time for applying for places, the three nearest schools will be those that can offer your child a place prior to places being allocated.

6e If you have a low income and your child is nearly eight years old

If you have a low income and your child is at primary school and they reach eight years old, we will continue to provide free transport if you live two miles or more and go to the nearest suitable school. This assistance will remain if you continue to receive the qualifying benefits.

7 How do we provide free transport?

Transport under this policy can be provided in a variety of ways which we deem suitable. These include :

7a Travel passes

If your child is entitled to free transport to and from school, we will normally give them a travel pass for a bus service, a contracted vehicle (such as a coach or minibus) or a railway service. Passes are not issued on taxi services as approved lists of pupils are provided to the operator.

7b Travel times

When we are arranging transport, we will try to make sure that your child does not have to travel for more than:

45 minutes if they are at primary school or
75 minutes if they are at secondary school

These are one-way journey times and do not apply if your child does not attend their nearest school.

7c Pick-up points

We will arrange transport from a point that is reasonably near to your home and your child's school.

Parents are encouraged to check the bus stop or pick up point that their child is allocated to ensure that their child knows how to use transport to and from school safely.

7d Behaviour

We have the right to take away your child’s travel pass if they seriously or persistently misbehave on the way to and from school.

7e Replacement passes

If your child loses or damages their travel pass, you will have to pay £20 for a replacement pass.

If you are in receipt of one of the qualifying benefits to receive Free School Meals, the cost of a replacement pass is £15.

If you wish to amend your child's travel pass to an alternative service, there may be a replacement charge.

7f Paying for replacement passes

You will have to pay your child’s travel fares while you are waiting for their replacement pass. We will not refund this money unless your child is eligible for free school meals or you receive the maximum amount of Working Tax Credit.

7g Bus Pass Amendments

In those circumstances where you require your child's bus pass to be amended, for example where you move house, you must request this from the Council. At this point, eligibility to receive transport assistance will be re-assessed and an amended pass will be issued if your child is still entitled.

7h What if your child forgets their travel pass?

If your child forgets their travel pass they will have to pay their bus fare. We will not refund this money.

7i Bicycles

If your child is entitled to free transport but wants to use a bicycle to travel the whole or part of the way to school, the council may pay you an allowance to help with these costs.

7j Motorbike or car allowances

If there isn’t any suitable public transport or private transport available and you have to drive your child to school, the council may refund you your travel costs for the whole or part of the journey if your child is entitled to free transport.

Please be aware of how this may affect your driving insurance.

7k If your child is not entitled but wishes to use LCC School Bus Services

The Council provides school bus services to transport children that have an entitlement to transport assistance. However, if there is a suitable bus service to your child's school, and if there is a seat available, your child may be able to travel by buying a season ticket or by paying a bus fare.

It is important to note that we cannot guarantee that a suitable school bus service will always be in operation. Additionally, we cannot guarantee that a school bus service will be available if your child is not eligible for free travel.

8 What happens if you allow my child to travel for free by mistake?

If your child is going to school and we find that we are allowing them to travel for free by mistake, we will let you know that we have made a mistake and we will advise when we will stop providing free transport. Your child will be permitted to travel free of charge for the rest of the term.

9 Can I appeal against your decision?

If the Council refuses your application for free transport, it is because you are not eligible under this policy or in law.

If you feel that the Council has applied the law incorrectly or if you consider that you have exceptional circumstances which you have not previously advised us of, you may submit an appeal.

Your appeal must specify precisely the nature of the error and all exceptional circumstances must be corroborated by appropriate documentation or evidence. If you fail to provide evidence, your appeal cannot be considered. Your eligibility will initially be reconsidered by an officer of the Council, who was not involved in the original decision not to award transport for your child. The officer will review the original decision and any personal and/or family circumstances you believe should be considered.

If transport is not awarded your appeal and evidence will then be considered by the Independent Transport Appeals Panel whose decision is final. A further appeal will not be considered unless there have been some significant/exceptional changes in your circumstances since the last appeal was heard. You can get appeal forms from your local area education office or they are downloadable from the County Council's website. If the Independent Transport Appeals Panel decides that your child is entitled to help with travel costs, we will refund their travel costs from the date we receive your appeal form with the full evidence to support your appeal.