Does your child need transport to be able to get to school?
Parents are responsible for ensuring that their children attend school regularly. However, Local Authorities can help parents and make such travel arrangements as they consider necessary to facilitate your child's attendance at school. Only some children and circumstances will qualify for this support.
If you do not ensure you child's attendance at school, the Local Authority can consider whether or not to prosecute you for your child not attending. However, you will have a defence in law if you can show:
The distance from your home to the school at which the child is a registered pupil is not within statutory walking distance (this is dependent on age);
No suitable arrangements have been made by the Local Authority for boarding accommodation at or near to the school if it is some distance from your home;
No suitable arrangements have been made by the Local Authority to enable the child to become a registered pupil at a school nearer to your home; and
The Local Authority has a duty to make travel arrangements in relation to the child and has failed to discharge that duty.
The Education Act 1996 (amended by the Education and Inspections Act 2006) defines "eligible children" - as those categories of children in the local authority's area for whom travel arrangements will always be required. A condition of each category is that your child is of compulsory school age. These arrangements must be provided free of charge. A decision not to arrange suitable transport for a child to and from school can be challenged. We can help you do this.
For more information, or to discuss your case please contact us online or by phone on 023 8071 8101.