Consultations: Home to School Transport policy changes, 2024

15. Change in circumstances (current)

If there is a significant change in circumstances, such as a change in school or home address, a change in the parents/carers circumstances, or change in the child’s needs, an immediate review of transport entitlement/provision may be required. It is the responsibility of the parent/carer to promptly notify the transport team of any change in circumstances that may affect the provision of travel assistance. They may then be asked to submit a new application form to enable a new eligibility assessment to be undertaken.

15. Change in circumstances (proposed change)

If there is a significant change in circumstances, such as:

• a change in school or home address
• a change in the parents/guardian circumstances including benefit entitlement for those students eligible on low income,or;
• a change in the child’s needs

An immediate review of transport entitlement/provision may be required. It is the responsibility of the parent/guardian to promptly notify the School Transport Team of any change in circumstances that may affect the provision of travel assistance. They may then be asked to submit a new application form to enable a new eligibility assessment to be undertaken.

17. Decisions, Review of Decisions and Appeals Process (current)

17.1. Decisions regarding the eligibility for travel assistance, the mode of assistance, and other practical matters of travel assistance will be only taken by authorised Council staff. If a parent/carer is unhappy with a decision that has been made, that parent/carer is advised to request a conversation with the Head of Service or Strategic Lead. If it is necessary to put the query in writing, then the Council will offer assistance with this in the case of a parent/carer with a disability.

17.2. If the matter is not resolved informally in this way, then the parent/carer will be required to complete a Transport Appeal Form (TAF1) which can be downloaded from the Council website.

Alternatively, a copy of the form can be requested from the Transport Team. The TAF1 form must be submitted within 20 working days of receipt of the original transport decision being made by the Council.

17.3. The completed TAF1 form should then be returned to the Transport Commissioning and Entitlement Team. The Transport Commissioning and Entitlement Team Manager together with another Children’s Services officer will review the initial decision and further information submitted. This will be completed within 20 working days of receipt of the TAF1 form.

17.4. If the matter remains unresolved the parent/carer can make a further appeal to the Transport Eligibility Panel. Appeals must be submitted, using the TAF2 form available on the website, directly to the Appeals Clerk, within 20 working days of the receipt of the decision of the first appeal considered by the Transport Commissioning and Entitlement Team and a Children’s Services Officer.

The Transport Eligibility Panel consists of 3 people who are independent of the original decision making process and who have volunteered for the role. They are not paid and are not associated with the Council or a school connected with the appeal except as an independent panel member.

They are trained in all aspects of this Policy, legislation and statutory government guidance and will make decisions within its remit. A Clerk will be present to minute the hearing and will write to parents with the decision made by the Transport Eligibility Panel.

17.5. Parents/carers must submit all evidence to the Appeals Clerk not less than 10 working days before your appeal is due to be held. Information on how and where to submit this evidence is on the TAF2 form. Evidence received after this will only be considered with the agreement of the Panel and late evidence may result in the appeal being moved to a later date.

17.6. Parents/carers are invited to verbally represent their case to the Panel. A maximum of 2 adults are able to attend a hearing. These can be both parents/carers or 1 parent and 1 supporter. An interpreter or signer may be provided if requested on the TAF2 form. No children may attend.

17.7. A member of the Transport Team will also be present to explain the reasons why transport, or the particular provision requested, had been refused and where appropriate a member of the SEN team will attend to deal with the suitability of the education establishment.

17.8. The Panel will consider the information provided on the TAF2 form and any additional evidence provided by the parent/carer, as well representation from the Transport Commissioning and Entitlement Team. Appeals panels will be arranged as soon as is possible within 40 working days. The necessary documents will be provided to parents and the panel at least 5 working days before the appeal date, unless a shorter period is agreed beforehand. The outcome of the appeal will be advised to the parent/carer in writing within 5 working days of the appeal hearing. Where parents/carers have a disability which may impact on their ability to attend a hearing, or if they require assistance with language interpretation or reading, appropriate assistance will be provided by the Council if it is identified on the TAF2 form.

17.9. The Appeals Process detailed above does not prevent the parent/carer raising a school transport related issue with a local Councillor or any other person.

17.10. Where a parent/carer feels that an appeal has not been conducted in a fair manner, they may pursue a complaint using the Council’s complaints procedure.

17.11. Parents/carers have the right to make a complaint to the Local Government Ombudsman at any stage.

This section has been rewritten to reflect the correct DfE process.

17. Appeals (proposed change)

Decisions regarding the eligibility for travel assistance, the mode of assistance, and other practical matters of travel assistance will be made by authorised Council staff. If a parent/guardian is unhappy with a decision that has been made, that parent/guardian is advised to follow the appeals process. Matters such as punctuality of transport or a delay in replying to correspondence from a parent will be handled as a complaint (see section 19).

17.1 Stage one: review by a senior officer

Stage one provides an opportunity for the school transport team to review their decision. A parent/guardian has 20 working days from the day they receive their application decision to submit a written appeal. This should explain why the parent believes the local authority should review its decision and include any information they would like to be considered as part of the review. Stage one appeals are made via the school transport teams online portal.

17.2 A senior officer in the school transport team (or in the team’s line management chain), will review the decision considering the information provided by the parent.

17.3 Within 20 working days of receiving a parent’s appeal, the senior officer(s) will notify the parent in writing of the outcome of the appeal. They will clearly explain:

• whether they have upheld the original decision
• why they reached that decision
• how the review was conducted
• the factors considered in reaching their decision
• any other agencies or departments that were consulted as part of the review.

17.4 Where they have upheld the original decision, they will also explain how the parent may escalate their appeal to stage two of the process.

17.5 Stage 2: review by independent panel

Stage two provides for impartial re-consideration of the case. The process allows a parent 20 working days from the day they received the outcome of stage one to submit a stage 2 appeal via the online portal and to provide any additional information that they wish to be considered in light of the stage one decision.

17.6 The education appeals independent panel will review the case. The panel members are independent of the original decision-making process. They have the knowledge, skills and experience to ensure that the local authority complies with its statutory duties, that a balance is achieved between meeting the needs of parents and of the local authority, and that children are not placed at unnecessary risk.

17.7 A parent is invited to attend an appeal hearing, virtually or in person, to present their case. Where a parent does not wish or is unable to attend a hearing, the panel will make its decision based on the parent’s written representations.

17.8 The review will take place within 40 working days of the parent notifying the local authority that they wish to escalate their appeal to stage 2. The panel will consider information provided at stage one of the appeal as well as any additional information provided, and any oral representations made at stage two.

17.9 The appeals process detailed above does not prevent the parent/guardian raising a school transport related issue with a local Councillor or any other person.

17.10 Within 5 working days of completing its considerations, the appeal panel will notify the parent in writing of the outcome of their review. They will clearly explain:

• whether they have upheld the local authority’s original decision
• why they reached that decision
• how the review was conducted
• the factors considered in reaching their decision
• which other agencies or departments were consulted as part of the review, if any.

17.11 Parents/guardians may complain to the Local Government and Social Care Ombudsman if they believe the local authority has made a mistake in the way it has handled their case. If a parent considers the decision of the independent appeals panel to be flawed on public law grounds, they may apply for a judicial review.

19. Complaints/Queries (current)

19.1. If a parent/carer has a query or is dissatisfied by any aspect with regard to the determination of eligibility/entitlement for travel assistance, this should initially be brought to the attention of theTransport Team.

19.2. Queries/complaints relating to journey planning, standard/condition of vehicles, drivers, passenger assistants and any other issues relating to the journey to/from school should initially be brought to the attention of the Transport Team.

19.3. If the complaint is not resolved to your satisfaction it may be escalated via the Council’s Corporate Complaints Procedure.

19.4. There is a right to complain to the Local Government Ombudsman if complainants consider that there was a failure to comply with the procedural rules or if there were any other irregularities in the way the appeal was handled. If the complainant considers the decision of the independent panel was flawed on public law grounds, the complainant may also apply for judicial review.

This text has been removed from the Complaints section and added to the Appeals section where it applies.

19. Complaints/Queries (proposed change)

19.1 Queries/complaints relating to journey planning, standard/condition of vehicles, drivers, passenger assistants and any other issues relating to the journey to/from school should initially be brought to the attention of the School Transport Team.

19.2 If a parent/guardian has a complaint regarding bullying or behaviour on the bus, this should initially be reported to the school. The school will then investigate and inform the school transport team. A decision on any action will be made in partnership with the school and the school transport team considering individual family circumstances and communicated via the behavioural management processes. The school will then notify the complainant based on their individual communication agreements.

19.3 If a complaint is not resolved to your satisfaction, it may be escalated via the Council’s Corporate Complaints Procedure.

19.4 There is a right to complain to the Local Government Ombudsman if complainants consider that there was a failure to comply with the procedural rules or if there were any other irregularities in the way the complaint was handled. [deleted text]

1. Introduction (current)

1.5 Education or training refers to learning or training at a school, further education institution, a council-maintained or assisted institution providing higher or further education, an establishment funded directly by the Education Skills Funding Agency, learning providers delivering accredited programmes of learning which lead to positive outcomes and are funded by the Council, for example, colleges, charities and private learning providers.

1. Introduction (proposed change)

1.5 Education or training refers to learning or training at a school, further education institution, a council-maintained or assisted institution providing higher or further education, an establishment funded directly by the Education Skills Funding Agency, learning providers delivering accredited programmes of learning which lead to positive outcomes and are funded by the Council, for example, colleges, charities and private learning providers. This does not include apprenticeships or paid placements.

2. Aims and objectives (current)

2.2 In addition, support is offered to sixth-form age people living 3-20 miles from their education placement.

2. Aims and objectives (proposed change)

2.2 In addition, support is offered to sixth-form age learners attending the closest establishment to offer the chosen course between 3-20 miles from their home address.

3. Eligibility (current)

3.2 Transport assistance will be provided to nearest suitable educational establishment where the chosen programme of study is offered. For young people with an EHCP, this will be the placement named on the EHCP, as long as this is the nearest suitable placement. If parents have requested an alternative placement which is not the nearest, transport will not be provided.

3.4 Young people living 3-20 miles from their education placement will be provided with travel assistance at a subsidised rate.

3.4.2 Where the young person is from a low-income background the travel assistance will be free of charge.

Young people from low-income backgrounds are defined as those who in their own right, or whose families, receive one of the following benefits:

• Income Support
• Income-based Jobseeker’s Allowance
• Income-related Employment and Support Allowance
• Support under Part VI of the Immigration and Asylum Act 1999
• The guaranteed element of Pension Credit Child Tax Credit (provided you’re not also entitled to Working Tax Credit and have an annual gross income of no more than £16,190)
• Working Tax Credit run-on - paid for 4 weeks after you stop qualifying for Working Tax Credit
• Universal Credit - if you apply on or after 1 April 2018 your household income must be less than £7,400 a year (after tax and not including any benefits you get)

Evidence will be required on an annual basis.

3. Eligibility (proposed change)

3.2 Transport assistance may be provided to nearest educational establishment where the chosen programme of study is offered. For young people with an EHCP, this will be the placement named on the EHCP, if this is the nearest suitable placement. If parents have requested an alternative placement which is not the nearest, transport will not be provided.

3.4 Young people living 3-15 miles from their education placement may be provided with travel assistance.

The amendment from 20 miles to 15 miles reflects the fact that every child has a school within 15 miles. This change does not reduce eligibility for anyone.

3.4.2 Where the young person is from a low-income background, parent/guardians are required to apply for the 16-19 Bursary via their school or college (see Section 5) Central Bedfordshire Council will subsidise the remaining cost of transport not covered by the bursary.

Young people from low-income backgrounds are defined as those who in their own right, or whose families, receive one of the following benefits:

• Income Support
• Income-based Jobseeker’s Allowance
• Income-related Employment and Support Allowance
• Support under Part VI of the Immigration and Asylum Act 1999
• The guaranteed element of Pension Credit
• Child Tax Credit (provided you’re not also entitled to Working Tax Credit and have an annual gross income of no more than £16,190)
• Working Tax Credit run-on - paid for 4 weeks after you stop qualifying for Working Tax Credit
• Universal Credit – with a household income must be less than £7,400 a year (after tax and not including any benefits you get)

Evidence will be required on an annual basis.

Not currently included.

3.4.3 Where a young person is living independently of their family home (including private foster arrangements) and that young person meets the low-income criteria, their individual circumstances will be considered in determining eligibility to transport.

3.4.4 Spare seats may be offered at a subsidised rate on mainstream buses if available. These can be applied for using the council’s concessionary transport scheme (Please see 5.3)

3.6 Eligibility – SEND (current)

Young people with Special Educational Needs and Disabilities will receive travel assistance in addition to that set out above where this is an assessed need regardless of the distance between the young person’s home and education placement. This will be at a subsidised rate, or may be free of charge if the young person’s family is on a low income.

3.6.1. Travel assistance needs for students with special educational needs will be assessed alongside the statutory assessment process, EHCP. Where students have been assessed as requiring transport and are eligible, a subsidised rate will be charged, as set out in the Fees and Charges Policy of the Council and reviewed annually. There will be no cost for travel assistance for young people from a low income background.

3.6.2. A small number of students, typically with severe or profound and multiple learning difficulties, remain in continuing special school provision and do not reach a point of transition at 16. These students will continue to receive their existing transport arrangements for as long as they remain in that provision.

3.6.3. Subsidised transport will be provided for a student to the establishment identified through the assessment, where the walking distance between home and the establishment is more than 3 miles. Where the walking distance is less than 3 miles the assessment will include consideration of whether a student could reasonably be expected to walk or cycle to school or college. Where this is not possible subsidised transport will be provided. The most appropriate mode of travel will be agreed as part of the assessment process. The assessment will consider transport assistance to the nearest suitable school or college. If by parental or student preference a more distant establishment is named, transport will be the responsibility of the parent.

3.8. Eligibility – young people with medical needs (current)

Young people with a medical need may receive travel assistance if they live within 20 miles of their education placement. The following information will be needed:

• Full medical details of the condition, including timescales for recovery;
• Written medical confirmation regarding the child’s fitness to return to education
• The likely period for which revised travel assistance arrangements may be needed;
• The type of vehicle needed, where appropriate, for example, where the child is in a full body cast;
• Any manual handling risks.

3.8.1. The application should be endorsed by the family doctor or in certain circumstances by a medical consultant. The Council reserves the right to require the parent/carer to provide further medical evidence as deemed necessary. Any charges incurred by the parent/carer providing this evidence will not be paid by the Council. Transport assistance will be arranged in the most cost-effective way and be provided for a maximum of one term at a time.

3.8.2. This will be at a subsidised rate or will be free of charge if the young person is from a low-income background.

3.6 Eligibility – SEND (proposed change)

Young people with Special Educational Needs and Disabilities will receive travel assistance in addition to that set out above where this is an assessed need regardless of the distance between the young person’s home and education placement. This will be at a subsidised rate or may be free of charge by way of the bursary, if the young person’s family is on a low income.

3.6.1 Travel assistance needs for students with special educational needs will be assessed alongside the statutory assessment process, EHCP. Where students have been assessed as requiring transport and are eligible, a subsidised rate may be charged, as set out in the Fees and Charges Policy of the Council and reviewed annually. For those students who fit the low-income criteria, transport will be provided in conjunction with the 16-19 bursary.

3.6.2 A small number of students, typically with severe or profound and multiple learning difficulties, remain in continuing special school provision and do not reach a point of transition into further educational courses at 16. These students will continue to receive their existing transport arrangements for as long as they remain in that provision. Eligibility to free transport will be determined by the educational courses taken.

This clarifies that even if a student stays on at the same school for a post 16 course, the post 16 policy will apply. This is already current practice.

3.6.3 If by parental or student preference a more distant establishment is named, transport will be the responsibility of the parent.

3.8. Eligibility – young people with medical needs (proposed)

Young people with medical needs which directly impact their ability to travel independently, may receive travel assistance if they live within 20 miles of the nearest educational establishment offering the chosen course of study. The following information will be needed:

• Full medical details of the condition, including timescales for recovery
• [deleted text] Removed as not needed.
• The likely period for which revised travel assistance arrangements may be needed
• The type of vehicle needed, where appropriate, for example, where the child is in a full body cast
• Any manual handling risks.

3.8.1 The application should be endorsed by the family doctor or in certain circumstances by a medical consultant. The Council reserves the right to require the parent/guardian to provide further medical evidence as deemed necessary. Any charges incurred by the parent/guardian in providing this evidence will not be paid by the Council. Transport assistance will be arranged in the most cost-effective way and be provided for a maximum of one term at a time.

3.8.2 This may be at a subsidised rate or in conjunction with the 16-19 bursaryif a student meets the low-income criteria.

4. Travel assistance offered (current)

4.1. Post 16, transport will be provided at a subsidised rate, but will be free of charge to those on low incomes.

4.2. In most circumstances, once a young person reaches sixth-form age, the Council expects that they will be able to make their own arrangements to travel to and from school or college independently; if they live more than 3 miles from their education placement, this would be by public transport where available. In some circumstances, the Council will provide support in order to help the young person to travel independently or if necessary, provide a transport service to ensure that the young person is able to attend their education placement

4. Travel assistance offered (proposed change)

4.1 Travel to school or college will usually be the start and end of the teaching day only. Where a student has additional medical needs which would impact their ability to remain on campus without assistance, individual transport options can be considered on a case-to-case basis.

4.2 In most circumstances, once a young person reaches sixth-form age, the Council expects that they will be able to make their own arrangements to travel to and from school or college independently; if they live more than 3 miles from their education placement, this would be by public transport where available. In some circumstances, the Council may provide support in order to help the young person to travel independently or if necessary, provide a transport service to ensure that the young person is able to attend their education placement.

4.3 Officers will review the most appropriate method of transport based on the needs of the student on a case by case basis.

4.4 School Bus (current)

4.4 Where a young person is attending a school sixth form and a school bus route exists, a place on the school bus will be offered where this meets their needs.

4.5 School Bus (proposed change)

4.5 Where a young person is attending a school sixth form and a school bus route exists, a place on the school bus may be offered, where there is a space available, and where this meets their needs.

4.5 Cycle Scheme (current)

4.6 Cycle Scheme (proposed change)

CBC have a bikeability school cycle scheme, but this is not arranged by the school transport team. Information for this scheme can be found on the CBC website Sustainable modes of travel | Central Bedfordshire Council

4.6. Independent Travel Training (current)

4.6.1. The Care Act states that “local authorities must consider the benefits of approaches which delay or prevent the development of needs in individuals”. As such, the Council will look at providing support which builds the individual’s confidence and independence. The Council will seek to offer people for whom it would be suitable the opportunity to undertake Independent Travel Training in order to build their confidence and ability to lead an ordinary life.

4.6.2. Where Independent Travel Training is not an appropriate offer and the person cannot travel safely on their own then this support may be offered by providing a travel buddy in order to help support them whilst they travel.

4.6 Cycle Scheme (proposed change)

4.6.1 The Care Act states that “local authorities must consider the benefits of approaches which delay or prevent the development of needs in individuals”. As such, the School Transport Team would seek to offer support and guidance from other council departments or education support services who can assist with independent travel training.

4.6.2 The School Transport Team will facilitate this by assisting with transport methods and options to assist a student to undergo the appropriate training from other professional services.

4.6.3 Where Independent Travel Training is not an appropriate offer and the person cannot travel safely on their own, then transport will be provided.

4.7 Personal mileage and Personal Transport Budget (current)

4.7 Personal mileage allowances and personal transport budgets are offered where this is the most cost-effective option for the Council, for example where there is no public transport or where it is not practical to re-route an existing contracted vehicle. These options allow parents/carers and young people to access mileage payments for the journey to/from college or to receive a budget to enable them to make their own arrangements.

4.8 Parental Mileage and Personal Transport Budget (proposed change)

4.8 Parental mileage allowances and personal transport budgets are offered where this is the most cost-effective option for the Council, for example where there is no public transport or where it is not practical to re-route an existing contracted vehicle. These options allow parents/guardians and young people to access mileage payments for the journey to/from college or to receive a budget to enable them to make their own arrangements.

4.8 Students are required to carry a travel pass on all occasions that they travel. Where a travel pass is lost a replacement must be obtained by contacting the School Transport Team school.transport@centralbedfordshire.gov.uk A handling charge will be made for a new pass to be issued as set out in the Council’s Fees and Charges Policy. In addition, the cost of a new pass provided by a bus/rail company will be passed on to a student. Information on the cost of replacement bus passes can be provided by contacting School Transport Team.

4.9 Students are required to carry a travel pass on all occasions that they travel. Where a travel pass is lost a replacement must be obtained by applying online

A handling charge will be made for a new pass to be issued as set out in the Council’s Fees and Charges Policy. In addition, the cost of a new pass provided by a bus/rail company will be passed on to a student. Information on the cost of replacement bus passes can be provided by contacting School Transport Team.

Not currently included.

6. Applying for travel assistance for a mainstream student (proposed change)

6.3 For in-year admissions, the Council will aim to process your application within 15 working days of receipt of a complete application. If arrangements take longer than 15 days, it may be possible to claim a refund from the 16th day until transport is provided.

This is already covered in the policy for statutory aged school children but it was not explicit in the post 16 policy.

7. Applying for travel assistance for a student with SEND (current)

7.4 Applications for transport for the start of a new academic year will have a ‘return date’. For Applications received after this date, transport will may not be in place until after October half term.

7. Applying for travel assistance for a student with SEND (proposed change)

7.4 Applications for transport for the start of a new academic year will have a ‘return date’. For Applications received after this date, transport may not be in place until after October half term.

8. Change of circumstances (current)

8.1 If there is a significant change in circumstances, such as a change in school or home address, a change in the parents/carers circumstances, or change in the child’s needs, an immediate review of transport entitlement/provision may be required. It is the responsibility of the parent/carer to promptly notify the transport team of any change in circumstances that may affect the provision of travel assistance.

8. Change of circumstances (proposed change)

8.1 If there is a significant change in circumstances, such as:

• a change in school or home address
• a change in the parents/guardian circumstances including benefit entitlement for those students eligible on low income, or
• a change in the child’s needs an immediate review of transport entitlement/provision may be required. It is the responsibility of the parent/guardian to promptly notify the School Transport Team of any change in circumstances that may affect the provision of travel assistance. They may then be asked to submit a new application form to enable a new eligibility assessment to be undertaken.

12. Complaints/queries (current)

12.4 There is a right to complain to the Local Government Ombudsman if complainants consider that there was a failure to comply with the procedural rules or if there were any other irregularities in the way the appeal was handled. If the complainant considers the decision of the independent panel was flawed on public law grounds, the complainant may also apply for judicial review.

This has been removed as it is misleading. There is no right to appeal as here is no statutory duty for the council to provide this service. A parent can complain but not appeal.