Can transport be included in an Education, Health and Care Plan (EHCP) in exceptional circumstances?

June 9, 2022

In most cases, a Local Authority provides home-to-school transport in respect of the school named in Section I of a child’s EHCP, on the basis that the named school is the nearest appropriate placement.

Where transport is provided it must be “suitable” which may require the LA to arrange a taxi and possibly an escort.  Shared transport may be considered suitable depending on a child’s particular needs.  In some cases, parents decide to make their own arrangements and claim a travel allowance from the LA.

If Section I of an EHCP names a school to reflect parental preference and states that the LA considers a nearer school would be suitable then parents would be expected to provide transport.  LA’s would usually include wording in Section I to the effect that the parents’ preferred school has been named to reflect parental preference and on the condition that the parents provide transport.  Parents should only agree to provide transport if the school proposed by the LA would be suitable and the parents’ preferred school would be an inefficient use of the LA’s resources.  Such an arrangement is conditional upon parents providing transport and should only be entered into if parents can commit to doing so in the long term.

Contact us

At Tayntons we can advise you on the best course of action if you are having difficulties with the local authority over your child’s needs.  Our team represents parents of children with a range of SEN.

If you would like to speak to our expert SEN law solicitor, Imelda Brennan, call us on 0800 158 4147, email us at info@tayntons.co.uk  or request a call back and a member of our team will be in touch promptly.