Rotherham SENDIASS

Parents have a responsibility to ensure that their children attend school regularly. The Local Authority (LA) have a duty under the Education Act 1996 to make travel arrangements, that they consider suitable to help eligible children attend suitable qualifying schools schools.

Which Children are eligible for Transport Provision?

Children need to be compulsory school age (the start of term following a child’s fifth birthday to the last Friday in June in the academic year in which he/she turns 16), attend their nearest suitable school and either:

• live beyond the “Statutory Walking Distance” which is two miles for children under eight, and three miles for children aged eight to sixteen

This distance is not necessarily measured by road only; it could be the shortest route which a child (accompanied as necessary) may walk with reasonable safety. It may include footpaths, bridleways as well as recognised roads.

• could not reasonably be expected to walk to school because of their Special Educational Needs (SEN), disability or mobility problems, even if they were accompanied by their parent. Individual transport needs will be assessed against a set of criteria taking into account distance, their age, mobility and the effect of their complex needs on their ability to travel.
• would not be able to walk in reasonable safety to school because of the nature of the route, even if they were accompanied by a parent. This includes routes where things like rivers, ditches and the speed of traffic which means that your child can’t walk in reasonable safety even if they are accompanied as necessary.

Where the LA conduct a risk assessment, they should take a range of factors into account such as the age of your child, width of road and existing pavements, the volume and speed of traffic on roads, street lighting and condition of route at different times of the year.

There are extended rights to free travel to school for children from low-income households designed to support families to exercise school choice. A child is eligible if:

They are entitled to free school meals, or a parent with whom they live is in receipt of the maximum level of Working Tax Credit, and they are either:

• aged 8-10 years, attending their nearest suitable school where the distance between home and school is more than 2 miles from their home.
• aged between 11 -16 years, attending any one of their three nearest suitable schools where the distance between home and school is more than 2 miles, but no more than 6 miles from their home or to the nearest appropriate denominational school on the grounds of religion or belief, where the distance between home and school is more than 2 miles but no more than 15 miles from their home.

Whilst it is your responsibility as a parent/carer to ensure your child attends school regularly, the LA should consider whether it is reasonably practicable for you to accompany the child along the route which would otherwise be considered too dangerous to walk in reasonable safety.

What if I’m a disabled parent?

LA’s will need to consider if your disability prevents you from accompanying your child along a safe walking route. If this is the case, the LA would need to consider what reasonable adjustments could be made, which may include providing free home to school transport.