School transport appeals

Who is eligible (ages 5 to 16)

A child attending their nearest suitable school is eligible if:

• the school is beyond walking distance: 2 miles for under-8s and 3 miles for children aged 8 and over; or
• they cannot reasonably be expected to walk to school, even accompanied, because of their special educational needs, disability or mobility problems. Distance doesn't matter here; or
• the walking route isn't safe, even with an adult; or
• the family is on a low income (extended rights).

If your child's EHC plan names a school further away because the nearer one isn't suitable, that named school is their nearest suitable school.

Common reasons for refusal to question

• "A parent can take them." The guidance says councils shouldn't simply assume a parent will accompany a child. Your own circumstances, such as work, other children or your own health, are relevant.
• "Having an EHC plan doesn't make you eligible." That's true. What matters is whether your child can reasonably be expected to walk. Give specific evidence about safety, behaviour, anxiety and fatigue.
• "You chose a school further away." Check whether the nearer school was actually suitable for your child's needs.

The two-stage process

1. Stage 1: ask for a review within 20 working days of the decision. A senior officer should reply within 20 working days.
2. Stage 2: within 20 working days of the stage 1 decision, ask for an independent appeal panel. You can attend and speak. The decision is due within 40 working days.
3. After that, complain to the Local Government and Social Care Ombudsman about how the process was handled, or seek legal advice.

Ages 16 to 19 work differently. Each council publishes a post-16 transport policy statement by 31 May each year. Read it before you apply.

Sources: Education Act 1996, s.508B and Schedule 35B; DfE statutory guidance "Travel to school for children of compulsory school age" (2024). Councils' own policies vary, so ask for yours.