Introduction
For the academic years 2023/24, 2024/25 and 2025/26
This applies to:
- schools and other education settings in Devon or with Devon residents on their roll
- the Transport Co-ordination Service of Devon County Council
- all parents and carers of Devon-resident children of statutory school age or rising 5s seeking transport assistance to and from an education setting
Description of policy
This policy describes how eligibility for transport to and from education settings will be determined and how transport will be provided.
General information and contacts
Date determined: 8 March 2023
Review date: Annual
Approval: by cabinet members of Devon County Council
Key partners: Devon Association of Primary Headteachers, Devon Association of Secondary Headteachers, Devon Association of Governors, Church of England Diocese of Exeter, Roman Catholic Diocese of Plymouth, School Admissions Service
Author: Senior Policy Officer
schoolsadmissionpolicy-mailbox@devon.gov.uk
Sponsors: Donna Manson Chief Executive
Julian Wooster, Interim Director of Children and Young People’s Futures
Other contacts: Steve Roberts, 0-25 SEN Transport Manager
01392 383000
steve.roberts@devon.gov.uk
Transport Eligibility Team of the Transport Co-Ordination Service
0345 155 1019 – contact through My Devon Customer Service Centre
schooltransportservicequeries-mailbox@devon.gov.uk
School Admissions Service
0345 155 1019 – contact through My Devon Customer Service Centre
admissions@devon.gov.uk
Transport Co-ordination Service
01392 383000
Useful links: Department for Education
08700 000 2288
Summary
Devon County Council (the LA) has a statutory duty to provide free home to school transport for some children of compulsory school age and discretion whether to provide transport for others. These children are ‘eligible children’.
Eligible children are:
- children who attend schools beyond the statutory walking distance and the LA has made no ‘suitable arrangements’ for boarding accommodation or attendance at a nearer school
- children who because of their special educational needs, disability or mobility problems cannot reasonably be expected to walk to their school and no suitable arrangements have been made by the local authority to enable them to attend a nearer school
- children whose route to the nearest suitable school is unsafe
- children from low-income families
This guidance sets out Devon’s Education Travel Policy and describes how the LA fulfils its duties and exercises its discretionary powers as required under the Education Act 1996 and subsequent legislation.
Devon will also make decisions with reference to its commitment to the Armed Forces Covenant which seeks to redress disadvantage of opportunity with the armed forces community.
There is no universal entitlement to free travel for every child or student to and from any school.
Parents and students aged 161 or over are strongly advised to consider whether there is an entitlement to transport assistance before admission to an education establishment, what would happen if circumstances within the family changed or if the arrangements were no longer available.
Support from the LA for travel to and from education will not necessarily be in the form of a vehicle to transport a child. It may be by enabling the child to walk to and from education through Independent travel training (see glossary) where the child may otherwise not have been capable of doing so. This does not affect any statutory right to free transport.
Where there is no entitlement to support from the LA, parents and students can seek assistance from academies and further education colleges which can use some of their own funds to support transport where they feel this is appropriate. Where support from Devon is not free, it may not be the cheapest option for an individual.
Parents have a legal duty and a responsibility to make necessary arrangements to ensure that their statutory aged children attend school regularly. The LA is required to provide transport to children resident within the administrative area of Devon County Council who are eligible under the law and this policy.
Transport policy will often influence a parent’s decision on admission to school but the two policies are not linked. While most school catchment areas are recognised by Devon for entitlement to free transport, the two policy areas are not automatically linked.
The LA is responsible for making suitable arrangements for all eligible children to travel to school in reasonable safety and comfort so that they arrive without undue stress or difficulty and can benefit from their education.
This is done by making sure that children and young people do not have unnecessarily long journey times and that they are not expected to walk an unreasonably long distance to catch their vehicle.
Drivers and escorts are trained and have an enhanced Disclosure and Barring Service check. The vehicles used meet the necessary safety standards and seatbelts are provided wherever possible.
1 Young people aged 16 may submit applications and appeal for travel support in their own name if they wish. This may be the case for young people whose education has been delayed and will be in year 11 in the academic year after they reach 16.
References to parents making applications in this document also include applications by young people aged 16. There is a separate policy for post-16 students in sixth form and at further education colleges.
Key points:
- No transport is provided automatically. Parents must apply for transport or confirm their wish for it to be provided.
- The LA will endeavour to contact most primary starters and year 7 secondary transfer pupils. Nevertheless, it remains the parent or young person’s responsibility to seek advice and complete a transport application form by 1 June for a September start.
- The LA operates clear criteria to decide whether transport will be provided.
- The LA seeks to provide transport support in as cost-effective and efficient manner as possible so that children who are entitled to transport arrive at school and are able to benefit from education there at the same time as the financial cost to the LA is minimised.
- There is an appeals process for individual circumstances to be considered for provision beyond the general entitlement detailed in the policy.
The layout of this policy is aimed at helping parents and carers find their way through it if they think they are entitled to free transport to school. It is also intended to support officers in making fair, transparent and consistent decisions regarding entitlement and provision of travel support.
Policy
1. Equality statement
1.1 Devon County Council will only commit to policies and practices which will eradicate discrimination and promote equality for all, regardless of age, gender, disability, religion and belief, race and ethnicity and sexual orientation.
1.2 This policy will be subject to an Equality Impact and Needs Assessment. This assessment will be integral to all future policy and guidance reviews.
2. Safeguarding statement
2.1 Devon County Council and its partners recognise that safeguarding is everybody’s responsibility. Whether their interest is in all young people ‘staying safe’ in all aspects of our services, or whether they are working in specific areas of vulnerability, all staff will have appropriate training and induction so that they understand their roles and responsibilities and are confident in carrying them out.
Schools, settings, children, young people and their parents or carers, or any member of the community should feel secure that they could raise any issues or concerns about the safety or welfare of children and know that they will be listened to and taken seriously. This will be achieved by maintaining an ethos of commitment to safeguarding and promoting the welfare of children and young people.
This is supported by a clear child protection policy, appropriate induction and training, briefings on and discussion of relevant factors and refreshed learning in line with current legislation and guidelines.
2.2 Devon County Council acts as a corporate parent for children in care. This means that the LA has a legal and moral duty to provide the kind of support that any good parents would provide their own children. This policy has been written to comply with this principle.
3. Introduction
3.1 This policy is made by Devon County Council (DCC), the Local Authority (LA) for the County of Devon, acting under the provisions of the Education and Inspections Act 2006 and Sections 508 and 509 of the Education Act 1996. It supersedes any previous agreement or policy. The policy applies to the academic years 2023-24, 2024-25 and 2025-26.
This policy sets out how the LA will meet this statutory duty and provides information about the categories of eligible children, the provision offered and circumstances when assistance is not provided.
There should be no assumption that any discretionary elements of the policy will continue in future policies although Devon’s approach has so far been not to remove provision from children who were receiving support at the point when a change to policy was made.
Where it is necessary or expedient to do so, this policy may be reviewed and will be subject to amendment.
3.2 This policy contains sections that set out entitlement criteria for transport support, and a separate section on how the policy is put into practice, with definitions and guidance.
Parents1 and practitioners should read sections that are relevant to them, including the glossary and guidance, to understand whether children are entitled and how the policy is put into practice.
4. School transport
4.1 Parents must think about how their children will get to and from school over the time they attend a school. Parents have the responsibility for getting their children to and from school unless they are entitled to free transport under this policy. Transport should be one of the factors parents consider when thinking about which school they would like their children to attend.
There is a universal entitlement for eligible children. This means that there is free transport for all children who attend an eligible state-funded mainstream school in years reception to year 11 and who meet the criteria listed below.
Parents must make a formal application for school transport in all cases.
Where there is no entitlement to free transport (see section 5.7), parents are responsible for making arrangement for a child to get to and from school.
5. Who is entitled to school transport?
5.1 The LA will provide free transport to and from school for children of statutory school age 2 who meet the eligibility criteria published in this policy.
The LA will only provide transport support for children whose main residence is in the Devon County Council area, not including the Plymouth City Council or Torbay Council areas.
Free transport will be provided where a formal application has been made and entitlement has been established. Entitlement to school transport on low-income grounds (see sections 5.2 to 5.3) is reviewed each academic year.
A new application must be made whenever a child moves home or moves school.
Entitlement may change due to a change in circumstances such as to the length of the walking route, a measurement error coming to light or when a child reaches the age of eight.
5.2 Children attending mainstream primary schools
Including infant, junior, and all-through schools from reception to year 6.
Children from 4 to 11 years of age are entitled to free transport if they attend a school and live further than a walking distance of two miles if:
- the school is the nearest available school the child could attend or
- placed with the agreement of the Devon Inclusion Service at an alternative provision setting following a permanent exclusion from school or because he or she is at risk of permanent exclusion and the alternative provision setting is, therefore, the nearest suitable school or
- he or she is a looked-after child or previously looked-after child attending the nearest school rated Good or Outstanding by Ofsted1
1 By parent, we mean parents, carers or guardians.
2 Children from the start of the term on or after the 5th birthday to the last Friday in June of the academic year during which they reach the 16th birthday.
Children from low-income families are entitled to free transport if they attend the nearest school they could attend and live further than a walking distance of 2 miles from that school throughout their time at primary school.
Discretionary entitlement: For the purposes of home to school transport, the catchment school for the home address that is recognised by the LA will attract free transport. The same distance criteria will apply as for the nearest school.
Discretionary entitlement: The walking distance requirement is reduced from 3 miles to 2 miles for Devon-resident children throughout their time at primary school.
Discretionary entitlement: Children who are below statutory school age who are on roll at a school in a reception class will be considered as if they were of statutory school age.
Discretionary entitlement: Children who cannot otherwise get to and from school because of their own medical condition (see glossary).
Discretionary entitlement: Children who cannot otherwise get to and from school because of their parent’s medical condition.
Discretionary entitlement: For children to attend a non-eligible school on the grounds of exceptional need.
Discretionary entitlement: Children who cannot otherwise get to and from school because they are temporarily rehoused.
Discretionary entitlement: Children for whom a concessionary seat has been purchased.
Discretionary entitlement: Children attending the closest school in Devon where there is a closer school in another LA area.
Discretionary entitlement: Children who remain on the roll of the current school where another school has been opened or reorganised.
Discretionary entitlement: Children of other children who are entitled to school transport.
5.3 Children attending mainstream secondary schools
Including university technical colleges, studio and all-through schools from year 7 to 11.
Children are entitled to free transport if they attend a school and live further than a walking distance of 3 miles if:
- the school is the nearest available school the child could attend; or
- placed with the agreement of the Devon Inclusion Service at an alternative provision setting following a permanent exclusion from school or because he or she is considered to be at risk of permanent exclusion and the alternative provision setting is, therefore, the nearest suitable school or
- he or she is a looked-after child or previously looked-after child attending the nearest school rated good or outstanding by Ofsted
1 Local authorities are required to seek education at good or outstanding schools unless there are exceptional grounds to place in a school that requires Improvement.
Children from low-income families aged from 11 to 16 are entitled to free transport if they attend any one of the nearest 3 schools they could attend and live between 2 and 6 miles from that school.
Children from low-income families who are between 11 and 16 years of age are entitled to free transport if they attend the nearest school they could attend on faith grounds and live between 2 and 15 miles from that school.
Discretionary entitlement: For the purposes of home to school transport, the catchment school for the home address that is recognised by the LA will attract free transport. The same distance criteria will apply as for the nearest school.
Discretionary entitlement: Children who are above statutory school age who are on roll at a school in a Key Stage 4 class will be considered as if they were of statutory school age.
- he or she is a Looked After Child or Previously Looked After Child attending the nearest school rated good or outstanding by Ofsted
Children from low-income families aged from 11 to 16 are entitled to free transport if they attend any one of the nearest 3 schools they could attend and live between two and six miles from that school.
Children from low-income families who are between 11 and 16 years of age are entitled to free transport if they attend the nearest school they could attend on faith grounds and live between two and 15 miles from that school.
Discretionary entitlement: For the purposes of home to school transport, the catchment school for the home address that is recognised by the LA will attract free transport. The same distance criteria will apply as for the nearest school.
Discretionary entitlement: Children who are above statutory school age who are on roll at a school in a Key Stage 4 class will be considered as if they were of statutory school age.
Discretionary entitlement: Children who cannot otherwise get to and from school because of their own medical condition (see glossary).
Discretionary entitlement: Children who cannot otherwise get to and from school because of their parent’s medical condition.
Discretionary entitlement: For children to attend a non-eligible school on the grounds of exceptional need.
Discretionary entitlement: Children who cannot otherwise get to and from school because they are temporarily absent from home.
Discretionary entitlement: Children who cannot otherwise get to and from school because they are temporarily rehoused.
Discretionary entitlement: Children for whom free transport is agreed on the grounds of educational continuity in Key Stage 4.
Discretionary entitlement: Children for whom a concessionary seat has been purchased.
Discretionary entitlement: Children who remain on the roll of the current school where another school has been opened or reorganised.
Discretionary entitlement: Children of other children who are entitled to school transport.
5.4 Children with special educational needs or disabilities (SEND)
Children with an Education, Health and Care Plan (EHCP) are entitled to free transport if they attend the nearest school that has been identified as suitable by the 0-25 SEN Team of the LA. The same qualifying distances apply for children of the same age without an EHCP.
5.5 Children with SEN or mobility difficulties
School transport will be provided for a child who could not reasonably be expected to walk to the nearest school (or any one of the three nearest schools for secondary age children from a low income household), even when accompanied by a parent.
Young people in years 12 and above who attend a further education college, or a school sixth form will be entitled to transport support where they have established that they are unable to make transport arrangements without that support. A contribution to the costs incurred by the LA may be required.
A separate Post-16 Education Transport Policy is published by the LA.
5.6 Post-16 students
Young people in years 12 and above who attend a further education college, or a school sixth form will be entitled to transport support where they have established that they are unable to make transport arrangements without that support. A contribution to the costs incurred by the LA may be required.
A separate Post-16 Education Transport Policy is published by the LA.
5.7 Children without an entitlement
Children without an entitlement
- There is no entitlement to school transport from Devon County Council for children:
- whose main residence is not in the Devon County Council area
- are taught elsewhere than at the school at which he or she is on roll,
- who were entitled but have moved out of the Devon County Council area
- attending a school as part of a foreign exchange programme
- attending an induction or taster day (where the child is not on roll)
- attending school trips
- accompanying a friend home
- attending an independent, fee-paying school, unless this is an arrangement made by the LA.
- attending a boarding school beyond daily travelling distance, unless this is an arrangement made by the LA.
There is no entitlement to a variation in the way transport is provided for children who:
- attend school on a part-time basis
- attend late school sessions
- attend appointments and activities for medical or sports reasons,
- attend breakfast or after-school clubs
5.8 Where there is no entitlement, a parent may be able to purchase a spare seat on a contracted vehicle if one is available. These ‘concessionary seats’ may be withdrawn at short notice if they are required by a child who has an entitlement to transport or the size of the vehicle changes.
5.9 Some schools may offer their own travel options on a discretionary basis. Parents should discuss this directly with the school.
6. Children with an Education, Health and Care Plan (EHCP)
6.1 Children are not entitled to free transport solely on the grounds that they hold an EHCP. A child with an EHCP must meet the same eligibility criteria for free transport that apply to all children attending mainstream schools, unless he or she is unable to do so on the grounds of disability or medical condition.
Parents must make a formal application for school transport in all cases.
6.2 Children with Special Educational Needs (SEN) may not be entitled to transport, may use transport available to all or may require a dedicated or specialist vehicle. In some instances, it may be necessary for an escort to accompany the child.
The LA will assess the needs of each child. This will include how the child’s needs can be best met so that transport can be arranged at the lowest possible cost commensurate with meeting the child’s needs.
6.3 A school that is named on the EHCP will be deemed to be the nearest suitable school unless it was named solely as parental preference.
7. What does school transport look like?
7.1 The most cost-effective and appropriate means of travel will be used. This includes public buses, trains and ferries, and contracted coaches, mini-buses and taxis. It could also by the payment of an allowance paid to a parent who will then arrange for transport independently.
Schools and the LA will provide information on walking and cycling routes and the availability of walking buses to primary schools. Most schools produce travel plans, which include information about the different options available to parents for getting their child to school.
7.2 School transport is not necessarily from home to school. The LA will nominate pick-up and drop-off points. Parents and carers should not assume that a child will be picked up or dropped off at home.
Children are expected to make their way from home to a pick-up point and from a drop-off point to home, accompanied as necessary by a parent or other person nominated by the parent.
Pick-up and drop-off points will be on the school grounds or as close to the school as can be managed safely.
7.3 School transport consists of one journey to and one journey from school each day. This will be at the beginning and end of the school’s day.
This may be varied where a child is unable to attend full-time for medical or other reasons or where there is no additional cost in varying the time of the transport.
Transport will not be provided for medical or other appointments or for before or after-school activities.
7.4 Journeys may involve a change of vehicle. Smaller, feeder vehicles may be used to link with larger contract vehicles or with public transport. A public transport route may entail children using more than one bus or a bus and train combination.
7.5 Distances are measured for school transport purposes from the entrance to the home to the nearest entrance to the school site, using the LA’s online mapping system.
Walking distances (see glossary) are measured by the shortest distance a child could walk by road or suitable path in reasonable safety, accompanied as necessary by a parent or other person nominated by the parent. Transport support will not be provided below the two or three mile limit unless the route has been assessed by the LA as ‘unavailable’1.
Distances further than walking distances are measured by the shortest road route, using the LA’s online mapping system for the whole of the route.
1 Or where the child is unable to walk that distance. (see glossary)
7.6 If a walking route is such that a child cannot reasonably be expected to walk to school or to a pick-up point, even when accompanied by a responsible person, then the LA will deem it ‘unavailable’. In assessing a route, the LA will consider guidance issued by Road Safety GB.
Personal security does not form part of the assessment. The LA will assume the child will be accompanied by a responsible adult. There is no requirement for a route to be lit and temporary, occasional closures such as road works or flooding are not taken into account.
7.7 Travel times for children will meet the guidance from central government:
Generally, no more than 45 minutes for primary school children and 75 minutes for secondary school children.
Rural journeys and delays due to weather or traffic conditions may mean a journey exceeds these times. Total journey times will include walking to and from pick-up and drop-off points.
Discretionary entitlement: the travel times for all children at a primary school will be no more than 45 minutes.
Delays due to weather or traffic conditions may mean a journey exceeds these times. Total journey times will include walking to and from pick-up and drop-off points.
7.8 Free transport will be provided as quickly as possible but may not always be available from the first day of attendance.
7.9 Children will be required to carry any bus pass or card that they are issued as proof of entitlement to a free seat or to a concessionary seat on all journeys unless this requirement is waived.
See glossary – No Pass, No Travel
7.10 Children will be required to agree to a code of conduct unless this requirement is waived.
7.11 Transport arrangements may change throughout the time a child uses them. This may be in type of vehicle or the timings.
8. School transport and admissions
8.1 Parental preference for schools may affect entitlement to school transport – if a parent chooses to apply for a school further from home, it could mean that there will be no entitlement to LA transport support from Devon County Council (the LA).
8.2 Distances for school transport purposes are measured along the shortest available route that would be taken to get to school.
Distances for school admission purposes are measured by straight line or as the crow flies. The nearest school for school admission purposes may not be the nearest for school transport purposes.
Parents should consider this when applying for schools and accepting offers. If in any doubt, transport officers will be able to advise parents on entitlement.
8.3 Transport support may be offered if a child has been refused admission to the nearest school and therefore had to attend the next nearest school where a place is available. The nearest school may be outside of the Devon County Council area. Evidence of the refusal may be required.
An application for a school further from home will be taken as a preference not to go to the nearer school. This would affect transport entitlement. Parents must apply for the nearest schools even if they believe they are full so that there will be entitlement to transport to what will be the nearest available school.
8.4 Entitlement to transport for one child does not mean there will be an entitlement for other children in the family, either at the same time or in the future.
If one child is offered a place at the local school but a sibling can only be offered a place at a school further from home, there will be no entitlement to free transport to the further school for the sibling.
A younger sibling will not be entitled to transport to the further school solely on the grounds that the older child attends there.
8.5 Where a child attends a school on faith grounds, entitlement to transport support on faith grounds will rely on evidence that the application referred to this.
This may be by the completion of a faith supplementary information form where one is provided or by the parent stating on the application that a place was sought because of the school’s recognised religious character.
9. Appeals, comments and complaints
9.1 Parents have the right to appeal against a decision not to provide school transport support. This may be to challenge the decision itself, on grounds that the decision was flawed and incorrect under this policy or to appeal that the policy itself be set aside and transport provided.
9.2 Where a transport application is refused, the request for assistance will be reviewed by a second LA officer within the Transport Co-ordination Service. If the request is still refused, there are two tiers of transport appeal:
- A Transport Eligibility Officer Panel (TEOP)
- An appeal panel comprised of elected members of the LA.
9.3 An appeal on the grounds that a walking route is unsafe will be considered by:
- a second LA officer within the Transport Co-ordination Service
- an appeal panel comprised of LA county councillors.
9.4 The TEOP is the first tier of appeal. It considers requests for free transport where there is no eligibility. It may authorise transport where costs do not exceed upper limits set out in appendix 3. It may refer cases to the elected member who is the portfolio holder for education transport where the upper limit would be exceeded.
It does not consider appeals about the safety of a walking route.
The panel sits weekly as required. It consists of a minimum of four LA officers from the:
- Transport Eligibility Team
- Special Needs Transport Eligibility Team
- 0-25 Special Educational Needs Team
- TCS Provision Team
and may also include: - Senior Policy Officer (Education)
- a representative from the School Admissions Service
9.5 A case that is identified as urgent by a transport officer will be considered by at least two of:
- Transport Manager (policy and appeals)
- Senior Policy Officer (education)
- Education Transport Manager (general)
- another member of the TEOP
It will be referred to the TEOP if unresolved.
9.6 The TEOP will not reconsider a case unless there is a significant and material change in circumstances likely to affect its decision. A parent who is dissatisfied with a decision of the TEOP or the Elected Member who is the portfolio holder may submit an appeal to the Appeal Panel consisting of county councillors.
9.7 The TEOP and the appeals panel will consider whether not receiving LA Education Travel support would be a significant factor for a child’s safety and wellbeing.
They may exercise discretion to set aside this policy and to provide support where they consider this to be essential to meet the needs of a child whose safety or wellbeing would otherwise be at risk of significant harm. (see glossary)
This may be the case where the child would be subject to bullying or discrimination1 of any kind which cannot otherwise be satisfactorily addressed. Safeguarding and welfare will be the LA’s overriding concern and this may require signposting to appropriate LA teams and agencies rather than Education Travel support
9.8 Where a parent feels that an appeal has not been conducted in a fair manner, he or she may pursue a complaint with the Local Government Ombudsman.
9.9 Comments about the service provided under this policy or general queries can be made by telephoning the My Devon Customer Service Centre or by emailing or writing to the Transport Co-ordination Service.
If the issue is a complaint about the transport service or policy, the complaint can be registered online or by telephoning the Customer Service Centre on 0345 155 1018.
10. Fees and charges
10.1 Fees and charges for education transport services will be set by the LA in this policy and are subject to change at any time. Current charges are detailed at appendix 3.
1 That is discrimination against any protected characteristic, including but not limited to ethnicity, sex or disability, contrary to the Equality Act 2010.
Policy history
| Date | Summary of change | Contact | Implementation date | Review date |
|---|---|---|---|---|
| 10/2017 | 2018/19 Policy updated to 2019/20 | Policy and Strategy Officer | 9/2018 | 10/2018 |
| 9 Feb 2018 | Policy determined by the Cabinet of Devon County Council | As above | 09/2018 | 10/2018 |
| 10/2018 | 2019/20 Policy updated to 2020/21 | As above | 09/2019 | 10/2019 |
| 15 Feb 2019 | Policy determined by the Cabinet of Devon County Council | As above | 09/2019 | 10/2019 |
| 10/2019 | 2020/21 Policy updated to 2021/22 | As above | 09/2020 | 10/2020 |
| 14 Feb 2020 | Policy determined by the Cabinet of Devon County Council | As above | 09/2020 | 10/2020 |
| 10/2020 | 2021/22 Policy updated to 2022/23 | As above | 09/2021 | 10/2021 |
| 12 Feb 2021 | Policy determined by the Cabinet of Devon County Council | As above | 09/2021 | 10/2021 |
| 14 June 2021 | Amendment made to section 8.29, inserting: It would also be appropriate to consider safeguarding an or other diverse needs | Senior Policy Officer | Immediate | As identified |
| 9 July 2021 | Amendment made to Appendix 5, point 7 to remove the second paragraph as all year groups at Cranbrook Education Campus are fully open: Deleted: However, there will be a transition period during which Cranbrook Education Campus will gradually expand to the point where it operates five secondary year groups from year 7 to year 11. During this period, designated area transport eligibility to Clyst Vale will apply for any Year Group that is not in operation at Cranbrook. For example, where year 9 is not operating at the Cranbrook, addresses in its area will still have transport eligibility to Clyst Vale (minimum distance eligibility will apply). | |||
| 1 Sept 2021 | Amendment made to Appendix 5 To remove reference to catchment school transport eligibility for the two primary schools in South Molton as both schools are now fully open. | Senior Policy Officer | Immediate | As identified |
| 10/2021 | 2022/23 Policy updated to 2023/24 | |||
| 11 Feb 2022 | Policy determined by the Cabinet of Devon County Council | Senior Policy Officer | Immediate | As identified |
| Oct 2022 | Redrafted as policy for 2023-26 To review all discretionary transport provision with costings for 2023-24 and to extend the policy document to cover 3 academic years at a time | Senior Policy Officer | Immediate | As identified |
| 8 Mar 2023 | Policy determined by the Cabinet of Devon County Council | Senior Policy Officer | Immediate | 10/2025 |
| 8 March 2023 | New exception to catchment school transport inserted at Appendix 4 – referencing Uffculme School and the Willand School area. | Senior Policy Officer | Immediate | 10/2025 |
Appendix 1
Impact assessment is located here.
Appendix 2: Glossary and guidance
| Term | Definition |
|---|---|
| Appropriate adult | A parent or other person nominated by the parent to accompany the child to and from school. |
| Boarding | Where the LA arranges for a child or young person to board at a school or college, transport will be provided in accordance with the boarding arrangements where the usual distance criteria are also met: weekly boarders will be provided with journeys from school on Friday afternoons and to school on Monday mornings termly boarders will be provided with journeys from school at the end of each term and half-term and to school at the beginning of each term and half-term termly borders will be provided with transport for exeat weekends only when the school’s residential facility is closed1 unused journeys will not be carried forward Where a parent has decided to educate the child at a boarding school, no assistance for transport will be available from the LA except where there is eligibility otherwise. |
| Catchment school | The LA will recognise one primary and one secondary school for discretionary entitlement to free transport on catchment school grounds. Where catchment areas overlap, the LA will recognise one school. For the avoidance of doubt, appendix 4 sets out the recognised catchment schools for transport entitlement purposes. Where a new school is opened or a school extends its catchment area, the LA may review over the following academic years the impact on parental preference before making any change to the catchment area school recognised for transport purposes. Where an address has more than one catchment school for admissions purposes due to inaccuracy in online mapping, (for example, the boundary line runs through a residential property) that inaccuracy will be corrected at the earliest opportunity. |
| Children of passengers | Where a child is entitled to transport and is the parent of a child, the LA will exercise its discretion to provide transport on the same basis for the younger child as for the parent. The LA will consider the safety and suitability of the parent and child and others on the vehicle. No charge will be made where parent-child has a concessionary seat unless an additional seat is required. |
| Code of conduct | The school transport Codes of Conduct details the standards of behaviour required of passengers. This is in the interests of the health and safety of all passengers, drivers and other road users. A child who persistently misbehaves on school transport will be deemed not to be abiding to the Code of Conduct. A potential consequence of this is a ban from travelling, either for a temporary or indefinite period. Transport will not be provided for eligible children or concessionary passengers until an application has been approved by the LA (or the LA has contacted the parent to advise that the child is eligible), a photograph and payment provided as necessary and the Code of Conduct agreed to by the child or young person and or the parent. |
| Compulsory School Age | Children are of compulsory or statutory school age from the beginning of the term following their fifth birthday (or from the fifth birthday if it falls on 1 January, 1 April or 1 September) until the last Friday in the June of the academic year when he or she reaches 16 years of age. This does not mean they must attend a state-funded school or, indeed, any school. During this period, however, a child must receive full-time education. |
| Concessionary seats | These seats are available on vehicles contracted by the LA where a child is not entitled to free transport and a seat is not required by a child that is entitled. Concessionary seats are not available on vehicles that could be considered as competition to a public service route. They are not allocated until the first half term in autumn and will be withdrawn if an entitled child requires a seat or if the route is reorganised with a smaller vehicle. Concessionary seats require a financial contribution from the parent in advance. Further information on concessionary seats see concessionary seats |
| Contract vehicle | A bus, coach or taxi which has been hired by the Transport Co-ordination Service to serve a particular route to a school. |
| Distance measurement | Children must live beyond the maximum walking distance for their age to be eligible for school transport unless: Distance measurement children must live beyond the maximum walking distance for their age to be eligible for school transport unless: unless the route is deemed by the LA to be unavailable or unless the child cannot reasonably be expected to walk that distance to school, accompanied as necessary Measurements of distance for transport purposes are made between the nearest public access point to the child’s property and the nearest official entrance to the school grounds. Transport is not provided on private property. Eligibility is determined solely by measurements using Devon’s electronic mapping system. |
| Education other than at school | Free transport will not be provided by the LA where a child is taught at an Alternative Provision setting or at an unregistered educational setting, unless it is by arrangement of the LA. Parents will be responsible for transport if the placement is by their arrangement. The child’s school will be responsible for transport where it arranges for education off-site, without the support of the LA. |
| Educational continuity | Where a child moves address after the October half-term in Year 101, the LA will exercise discretion to provide free transport where the child has already undertaken half a term of study leading to public examinations to continue to attend a school that is no longer an eligible school. The LA will consider: • whether the school was an eligible school before the move; • the existing transport network; • the ease of resuming study at a new school; • whether the house move was voluntary or involuntary; • parental ability to provide or fund transport. The LA will not exercise its discretion to provide free transport on educational continuity grounds for children in primary school. See appendix 3 – upper cost limits. |
| Eligibile school | A school to which there is an entitlement to free school transport, subject to distance criteria. This would be the nearest school, the catchment school recognised for transport purposes, and the closest good or outstanding school for a Looked After Child or Previously looked After Child. |
| Equal cost | Transport arrangements will be varied from the beginning and end of the school day for late or extended schools where there is no additional cost. That may be the case where a dedicated vehicle is used. The variation will be terminated if another child requires a place on the vehicle at the beginning or end of the school day. |
| Transport will not be provided to a non-eligible school where it appears the costs would be the same as for an eligible school: where two schools are close together or at similar distances from home. To provide free transport in these circumstances may lead to an additional cost later where, for example, a shared vehicle is not longer required by an entitled child. | |
| Escorts | There is no legal duty on the LA to provide escorts for children carried on education transport. However, fulfilling a duty of care to passengers and others may involve the provision of a passenger escort.For further information on the provision of escorts and their duties. |
| Exceptional need | The LA will exercise discretion to provide free transport to a non-eligible school where necessary to meet the needs of a child whose safety or wellbeing would otherwise be at risk of significant harm. This may be on any of the following grounds: • Medical • Social • Educational • Safeguarding and wellbeing Each case for support will be considered in its own circumstances with an expectation that evidence (for example, of bullying or discrimination) will be provided and that appropriate attempts to address those concerns have been made. |
| Faith schools | The LA has a duty1 to have regard to the preference of a parent to have a child attend a school or institution on the grounds of the parent’s religion or belief. This is in addition to the low-income extended entitlement to a faith school. The duty to have regard is not a requirement on the LA to provide transport assistance. |
| Feeder routes | Journeys may involve a change of vehicle at a specified point along the route. Drivers are instructed not to depart from these points until the connecting vehicle has arrived and the driver is certain that all children have been transferred safely. This will not apply to public service vehicles which will not wait for connecting public service vehicles. |
| Fee-paying schools | The LA will not provide free transport to an independent, fee-paying school unless it has arranged the place there. |
| Home address | The LA when considering eligibility to transport support will not accept more than one address as the child’s home address. The terms of a child arrangements order may clarify the home address. Where necessary to determine which address to recognise and in the absence of a child arrangements order, the LA will consider the home address to be with the parent with primary day to day care and control of the child. In reaching this decision, evidence may be requested to show the address to which any Child Benefit1 is paid and from which the child is registered with a medical GP. Any other evidence provided by parents will also be considered by the LA in reaching a decision on the home address for transport purposes. This may be necessary for instance where parents do not agree on the child’s home address. Parents are urged to reach agreement or seek a Specific Issues Order from a court to decide which parent should or should not pursue an application. Where they do not, the LA will determine the home address. In reaching this decision, the LA will seek the views of those schools for which it is the admission authority. Where the LA asks for evidence of the address from which a child would attend school, this would usually be written confirmation of a house purchase or a formal tenancy agreement. It is recognised that some families may be unable to provide this – for example, where a house move is at very short notice or where a family is escaping domestic violence. Applicants who cannot provide this evidence should contact the LA. There is no intention to penalise families where there is a genuine reason why the usual evidence cannot be provided. |
| Independent Travel Training (ITT) | Some children need help getting to and from school or using the transport that is available. This may be because of their individual special educational needs. The LA offers additional help through ITT. This may enable a young person to walk to and from school and to cope better with traffic; it may enable the child to manage the public service vehicles on the route to and from school. Find further information on Independent Travel Training here. |
| Journey times | The LA will not normally provide transport which requires a journey time greater than: • 45 minutes for primary phase children. • 75 minutes for secondary phase children. The length of a journey will include the time taken to get to and from pick up and set down points. Journey times may exceed these limits for exceptions such as: • exceptional traffic or weather conditions; • attendance at a special school; • attendance at a remote boarding school; • attendance at Alternative Provision; • attendance at a remote school to maintain educational continuity |
| Low-income extended entitlement | A family is a low-income family for school transport purposes if it is in receipt of the maximum level of Working Tax Credit or is eligible for Free School Meals or has eligibility through the Universal Credit. This confers extended statutory entitlement to free school transport to the one of the three nearest secondary schools to the home address offering an appropriate education for the child’s age and gender, provided it is between 2 and 6 miles from the home address. A selective school will be included in this assessment if the child is eligible to attend the school. All other state-funded mainstream schools will be included in the assessment. Low-income entitlement will be reassessed annually. |
| Low-income extended entitlement to a faith school | A family is a low-income family for school transport purposes if it is in receipt of the maximum level of Working Tax Credit or is eligible for Free School Meals or has eligibility through the Universal Credit. This confers extended statutory entitlement to free school transport to the nearest secondary school to the home address preferred by the parent on the grounds of religion or faith, offering an appropriate education for the child’s age and gender, provided it is between 2 and 15 miles from the home address. The application for admission must have indicated that it was preferred on the grounds of faith. Evidence may be requested from the admission authority for the school. Low-income entitlement will be reassessed annually. |
| Multiple sites | Where a school operates with more than one site, transport entitlement will be based on the distance to the site where the child is educated for all or most of the time. |
| My Devon Customer Service Centre | Helpline for information on services in Devon: 0345 155 1019 and mydevon@devon.gov.uk. The first point of contact at 0345 155 1019 for enquiries regarding school admissions and education transport. Queries which cannot be resolved at this stage will be passed on for specialist advice and assistance from the School Admissions Service or the Education Transport Team. |
| No Pass, No Travel | All passengers are required to carry a pass if issued. This policy is in place to ensure that entitled children can board their vehicle and so that vehicles are not overcrowded. Children who lose their Pass during the school day can be issued with a temporary pass by the school so that no eligible child will be unable to get home safely. Find out more information on no pass no travel here. . |
| Parental preference | There is no entitlement to free transport where a parent chooses a school that is not an eligible school. This applies where the parent could have made a timely application for admission to an eligible school at the normal round but chose not to do so. |
| Permanent exclusions | Where a child is subject to a permanent exclusion, alternative education provision must be in place from the 6th day. Transport to and from the alternative provision will be the responsibility of the LA. Where transport is required, normal eligibility criteria will apply. Transport will only be provided to an eligible school or Alternative Provision setting unless the LA agrees in advance that it is reasonable and necessary in the child’s circumstances. |
| Personal Transport Cost Allowance (PA) | Where a child is entitled to transport and there are difficulties in negotiating a suitable transport contract, parents who are able to convey their children to school may receive a PA instead of transport being provided.1 The PA is based upon a standard rate for mileage to and from the school twice a day . The requirements of the journey will be taken into account in determining the actual rate to be paid. Parking, subsistence, and other costs will not be met. (see appendix 3) No arrangements are in place to pay an allowance in lieu of transport where a child uses a bicycle as transport to and from education. |
| Pick up and set down points | Children may be required to get to and from pick up and set down points to use the transport provided. It is a parent’s responsibility to get the child to and from those points, accompanied as necessary. The distances to points will not normally be greater than: • 0.75 miles for a primary phase child. • 1.50 miles for a secondary phase child. Children should not be left unattended by parents at these points. They should remain with them until the vehicle arrives in the morning and be there when the vehicle arrives in the afternoon. Parents are advised about the times for vehicles to arrive. Passengers should arrive at least five minutes before the scheduled departure time to ensure that they do not miss their transport. Vehicle drivers will not wait for passengers and will seek to operate according to their published timetable except where a contract feeder vehicle links with another vehicle. |
| Provision on a parent’s medical grounds | The LA will exercise discretion to provide free transport under the child’s walking distance where necessary because a parent is unable to get a child to and from school because of his or her own medical condition. The LA will exercise discretion to provide free transport to a non-eligible school where necessary because a parent is unable to get a child to and from school because of his or her own temporary medical condition. This will be for up to 12 calendar weeks. It would be unreasonable for the child to transfer schools for this length of time. The provision may be extended in exceptional circumstances. Assistance on the grounds of a parent’s medical condition will not be provided where the child does not require his or her parent to accompany him or her to school. The parent will be required to provide evidence of the medical condition and that no other suitable arrangements could be made, such as the availability of assistance from family or friends and neighbours, a School Travel Plan, other agencies or otherwise. The LA will consider: • the existing transport network; • parental ability to provide or fund transport. See appendix 3 – upper cost limits |
| Residence eligibility | Devon County Council will not support school transport for children who live outside of the Devon administrative boundary. Support must be sought from the child’s home LA. Transport is provided from one home address. |
| Schools Organisation – closure, opening, reorganisation | Children who receive free transport to a school will continue to do so if a new school opens (or a school is reorganised and could admit them) that is nearer to home. They will do so for the remainder of their time at that school while living at the same address. |
| Transport Eligibility Officer Panel | A Panel consisting of LA officers. Responsible for hearing appeals against decisions of the Education Transport Team to refuse transport. A further appeal exists to elected Members of Devon County Council. |
| Transport Eligibility Team | A part of the Transport Co-ordination Service. Responsible for determining eligibility for education transport. |
| Transport in error | A part of the Transport Co-ordination Service. Responsible for determining eligibility for education transport. Transport provided because of an error assessing entitlement criteria will be removed with up to 6 calendar weeks’ notice. |
| Unavailable routes | Not all roads and pathways are safe for a child to walk to and from school, accompanied as necessary by an appropriate adult in reasonable safety. Where this is the case and there is no alternative route under the walking distance to an eligible school, free transport will be provided. The LA works with schools and local planners to reduce the number of unavailable routes. This could be achieved with a new cycle and footpath, a new footbridge or redesigning road furniture. Where a route is no longer unsafe as a result of remedial safety works, any transport previously provided but no longer required will be withdrawn. |
| Vehicles not arriving | Travel to School There will be occasions when a vehicle does not arrive to pick up a child who is entitled to a journey as an eligible passenger or as a concessionary passenger. This may be because of bad weather including flooding or icy conditions where it is not possible for the vehicle to travel safely. In these circumstances, a parent may decide to make alternative transport arrangements to school. This will be entirely at the parent’s discretion and own cost. The parent would also be responsible for the return journey should conditions not have improved sufficiently for education transport to be provided safely. For information on school closures due to bad weather Travel to Home In all circumstances, arrangements will be made to return children to home or a place of safety where they have been taken to school by education transport. |
| Waiting times | Waiting time on school premises before and after school will not normally exceed 10 minutes. Where the school is on a split site, the normal 10 minutes arrival or waiting times will be varied, as time will be required to enable the transport to serve each site. Although every effort is made to operate to timetables, where long or complicated journeys are undertaken, it is possible that there may be waiting time between connecting transport provision. Road and traffic conditions may cause these times to vary. |
| Walking distance | All children are expected to walk to and from school each day up to a maximum distance according to their age. Exceptions apply where the LA deems the route to be unsafe or agrees that the child is unable to walk to and from school, accompanied as necessary by a parent or other adult nominated by a parent. Children are not expected to walk to and from school alone. The walking distances are 2 miles for children up to the age of 8 and 3 miles for children from the start of the term after their 8th birthday. Devon has exercised its discretion to lower that distance to 2 miles for children aged above 8 who attend a primary school. Walking distances may include metalled roads, recognised by Ordnance Survey, footpaths and bridleways. Distances above the walking distance are measured by road for the entire route. This may mean that the shortest road route using a motorway or other unavailable route is less than the shortest walking route. |
Appendix 3: Schedule of fees and charges
This Schedule is subject to change following the allocation of resources.
| Schedule | Fees and charges |
|---|---|
| Contribution for concessionary and post-16 passengers | £690 per year in 2023/24 £750 per year in 2024/25 £800 per year in 2025/26 |
| Discount on contributions if paid in full in advance | £30 |
| Upper limit for transport provided on temporary absence from home address | £35 per day |
| Upper limit for transport provided where a child is temporarily rehoused | £35 per day |
| Upper limit for transport provided on temporary medical grounds | £35 per day |
| Upper limit for transport provided on educational continuity grounds | £25 per day |
| Petrol allowance | 25p per mile |
Appendix 4: Areas in Devon with more than one designated school(1)
1) Newton Abbot College and Coombeshead Academy
The College and Academy share a designated area for admissions purposes. Assisted transport on designated school grounds is not available to both schools from any one address as Devon provides school transport on designated school grounds to one school only.
Assisted transport on designated school grounds will be available to the establishment which was the designated school in the 2010/11 academic year (before the two areas overlapped) which is shown on the school area maps here. This approach has been adopted as recognising the closer of the two schools would have disallowed designated school transport from a large number of addresses around Ipplepen.
By recognising the designated areas at the end of 2010/11, the LA has ensured that transport provision became no less favourable for any resident.
This does not affect free transport which is available to the nearest school to an address or free transport on low income grounds to one of the three nearest schools which lie between two and six miles from an address.
In all cases, the establishment must be further than the walking distance of 3 miles (or two miles for low-income eligibility).
2) Lady Modiford’s Church of England Primary School and Meavy Church of England Primary School
The admissions designated areas for the two primary schools overlap at Dousland. This shared area lies within walking distance of two miles to both schools; therefore there is no entitlement to assisted education transport to either school on designated school grounds.
3) St Michael’s Church of England Primary Academy, Exeter
The designated area for St Michael’s consists of the parish of Heavitree, covering the designated areas or parts of the designated areas of a number of schools in the city. Where any address lies in the designated area of St Michael’s and another primary phase school and further than a walking distance of two miles, transport on designated school grounds will only be available to the nearer of the two schools, not to both.
This does not affect free transport which is available to the nearest school to an address. In all cases, the establishment must be further than the walking distance of two miles.
4) St Helen’s Church of England Primary School, Abbotsham
The designated area for St Helen’s consists of the local parishes which extend beyond the designated area historically recognised for transport purposes. Where any address lies in the designated area of St Helen’s and another primary phase school and further than a walking distance of two miles, transport on designated school grounds will not be available to St Helen’s.
This does not affect free transport which is available to the nearest school to an address. In all cases, the establishment must be further than the walking distance of two miles.
5) Atrium Studio School
The admissions designated area for the School coincides with the areas for a number of secondary schools in south Devon. The LA does not recognise the designated area for the School for transport purposes.
1 This section may be amended following the determination of admission arrangements by own admission authority schools.
This does not affect free transport which is available to the nearest school to an address or free transport on low-income grounds to one of the three nearest schools which lie between two and six miles from an address.
In all cases, the establishment must be further than the walking distance of 3 miles (or two miles for low-income eligibility).
6) Pilton Bluecoat Church of England Academy
The admissions designated area for the School was extended by the academy trust in 2014-15 to include the western part of the village of Ashford. This area is also designated to Southmead School in Braunton. The LA does not recognise this part of the designated area for the junior school for transport purposes.
This does not affect free transport which is available to the nearest school to an address. In all cases, the establishment must be further than the walking distance of 2 miles.
7) Cranbrook Education Campus and Clyst Vale Community College
The new town of Cranbrook is served by new or relocated schools. At secondary level, the town is served principally by Cranbrook Education Campus, the designated area for which comprises the new town development area. While Clyst Vale Community College also offers admissions priority for this area, it is no longer recognised for designated area transport eligibility purposes.
8) Sherford Vale School
The catchment for Sherford Vale School covers the new development which lies within the existing catchment for St Mary’s Church of England Primary School. Within its catchment, there is no entitlement to transport to Sherford as properties would be within walking distance to the new school. The existing entitlements to St Mary’s on designated school grounds is unaffected but will be reviewed in future years. A small section at the west of the catchment lies within the Plymouth City Council area.
9) Feniton and Payhembury Church of England primary schools
The LA reviewed and extended the catchment area for Payhembury Church of England Primary School as it increased its capacity and Published Admissions Number for 2018/19. The increased catchment, taking in Talaton and its environs will be the recognised catchment for transport purposes from 2018-19. This area remains part of the admissions catchment for Feniton Church of England Primary School. Free transport on nearest school grounds to Feniton will remain from eligible addresses.
10) Tipton St John Church of England Primary School
This school may relocate to a new site to the west of the town of Ottery St Mary. If and only if it does, the governing body will consult on a new catchment area that would be based on the current area and extend to the north around the area of the new site.
This will overlap with existing catchments for Ottery St Mary Primary School and West Hill Primary School. Their catchments will be unchanged. The walking distances from the potential new catchment to the new site for Tipton St John would be less than 2 miles so there would be no impact on entitlement to free transport on distance grounds.
11) Matford Brook Academy (MBA)
This all-through school opens in September 2023. It has a catchment area for its primary phase and a larger catchment area for its secondary phase from September 2024. The catchment areas overlap with catchments for Alphington, Ide, Kenn, and Exminster primary schools and for Dawlish College, West Exe School and Teign School at secondary level.
The schools recognised by the LA for catchment school transport purposes will continue to be Alphington, Ide, Kenn, Exminster, Dawlish, Teign and West Exe respectively.
All addresses in the MBA primary catchment area and in the catchments for Alphington and Exminster are within a walking distance of 2 miles from MBA: there is no entitlement to free transport on catchment school grounds there.
Addresses in the MBA secondary catchment area and in the catchments for Dawlish, Teign and West which are further than the secondary school walking distances or 3 miles or, for low-income households, 2 miles, and closer to MBA than the other schools will be entitled to free transport on nearest school grounds.
The catchment school transport entitlement to Alphington, Ide, Kenn, Exminster, Dawlish, Teign and West Exe is unaffected but will be reviewed in future years.
12) Willand School catchment area – Uffculme School
Historically, the catchment area for Willand School (primary school) formed part of the admissions catchment area for Cullompton Community College (secondary school). There has been eligibility for free transport for secondary-age children living in this catchment and beyond a minimum walking distance of 3 miles.
From the start of the 2024/25 academic year, this area will also be in the admissions catchment area for Uffculme School (secondary school). It will not, however, be recognised for the purposes of free transport on catchment school grounds. That entitlement will remain solely to Cullompton.
Appendix 5: Schools with multiple sites
1) Sidmouth Church of England Primary School
Children will attend one or other of the two sites according to their Year group. Transport entitlement on distance grounds will be to the site they attend. When this changes, entitlement to transport support will be reassessed.
2) Queen Elizabeth’s
Entitlement to education transport support will be based on the distance from home to the site at which the pupil will be educated: Lower School or Upper School.
3) High Bickington Church of England Academy
Entitlement to education transport support will be based on the distance from home to the site at which the pupil will be educated: Reception is taught at the village hall site. Older children at the school site in the centre of the village.