The fear of having your child’s transport withdrawn is very real for many parents. But before panic sets in, it’s worth pausing and looking at what the law actually allows, what local authorities might argue, and what you can do to protect your child’s rights.
What the Law Says: The Parent’s Side
- Statutory duty under Section 508B / Schedule 35B (Education Act 1996)
Local authorities have a legal duty to provide free, suitable home-to-school transport to “eligible children,” which includes children who cannot reasonably be expected to walk to school because of their SEN, disability, or mobility needs. childlawadvice.org.uk+2GOV.UK+2 - “Suitable travel arrangements” must match the child’s needs
It’s not enough to just provide some form of transport — what’s offered must be safe, in reasonable comfort, and manageable given the child’s condition (e.g. behaviour, sensory needs). GOV.UK+2childlawadvice.org.uk+2 - Transport should not be withdrawn lightly, especially for behavioural issues tied to SEND
Guidance and legal commentary caution that transport should only be withdrawn as a last resort, after all efforts to manage behaviour have been exhausted. Special Needs Jungle - Rights to appeal and review
If transport is refused or withdrawn, parents can request a review, escalate to independent appeal panels, even possibly raise a case for judicial review if the decision appears unlawful. childlawadvice.org.uk+2ipsea.org.uk+2 - Limits of transport duty for older students
Some legal cases show that when learners reach ages 16–18, LAs may adjust transport policies. For example, Leicestershire’s change to replace transport with personal budgets was challenged but not struck down — the courts noted LAs have discretion over scarce public resources. Local Government Lawyer
What Local Authorities Might Argue (Their View)
- Behaviour & safety
LAs may argue a child’s behaviour on transport jeopardises the safety of others, or that repeated misbehaviour is beyond what they can reasonably manage. Some policies reserve the right to suspend or withdraw transport on those grounds. leeds.gov.uk+2City of London+2 - Resource pressures and cost
Financial constraints are often cited — councils may claim that the cost of providing individualised transport is unsustainable, especially as numbers grow and fuel/staff costs rise. - “Nearest suitable school” arguments
Some LAs will argue the school named in the EHCP is not considered the “nearest suitable school” under transport policy, or they’ll ask parents to accept a nearer (but less preferred) setting to limit transport duty. Special Needs Jungle+2childlawadvice.org.uk+2 - Temporary withdrawal rather than permanent
In some policies, transport may be withdrawn temporarily while investigations or behaviour interventions are tried — although this is controversial when children have significant needs. eani.org.uk+2Special Needs Jungle+2
The Risks & Red Flags to Watch
- Transport being withdrawn mid-year without adequate notice or consultation
- Behaviour being used as a blanket reason to cancel transport rather than addressing root causes
- Lack of clarity around appeal processes or ways to challenge the decision
- Using discretionary powers (Section 508C) to deny transport even when statutory duty may apply
- Not factoring in SEND or health-related travel needs (e.g. a child who physically can’t walk certain routes)
What You Can Do to Protect Your Child
- Check your LA’s transport policy
Make sure they publish their criteria, appeal process, and how they deal with behaviour-related withdrawals. - Gather evidence
Medical reports, mobility assessments, behaviour reports, or statements from professionals can support your case that transport is essential. - Request a review / appeal
Use formal review stages, independent appeals panels, and don’t hesitate to escalate. - Challenge behaviour-based withdrawal
Highlight that behaviour may be symptomatic of SEND and push for supportive measures rather than removal of transport. - Raise complaints & legal routes
If the decision seems unreasonable or unlawful, escalate to the Local Government Ombudsman or explore judicial review. - Use tools to support you
Platforms like AskEllie+ can help you draft letters, understand your rights, and provide a framework for challenging transport decisions.
Why This Matters More Now
With budgets squeezed and more pressure on LAs, there’s concern that removing transport is seen as an “easy cut.” Add in emerging use of AI behind the scenes — councils may increasingly rely on software to decide cutbacks without human oversight. Meanwhile, headlines and reports sometimes paint supportive parents as being radical just for asking for rights.
For children with SEND, transport isn’t a luxury — it can make the difference between accessing education or being stranded at home. It’s essential to stay informed, push back, and ensure the law is upheld.
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