School Transport and EHCPs: Who Gets Free Transport

Updated 4 July 2026 · Legal citations verified against legislation.gov.uk

You fought for the plan, the right school got named and then a new question landed: how does your child actually get there every morning? School transport is one of the most misunderstood corners of the SEND world, partly because it does not live inside the EHC plan at all. It has its own rules, its own application route and its own dispute process. This guide sets out the national eligibility rules published on gov.uk, explains the rules that matter most for children with special educational needs and shows you how to apply and what to do if the council says no.

The national distance rules

The starting point on gov.uk is distance. A child of compulsory school age is entitled to free home to school transport if the nearest suitable school is beyond the statutory walking distance:

• More than 2 miles from home for children under 8
• More than 3 miles from home for children aged 8 and over

These are the general rules that apply to every child in England, with or without special educational needs. For many SEND families they are already enough, because the school able to meet a child's needs is often not the one around the corner.

The rules that matter most for SEND families

Distance is not the only route, and for children with EHC plans it is often not the important one. Gov.uk is explicit that a child qualifies for free transport regardless of distance in two situations:

• Where there is no safe walking route to the school
• Where the child cannot walk there because of their special educational needs or disabilities or a mobility problem

Read that second point again, because councils do not always volunteer it. A child who lives well within the distance limits can still be entitled to free transport if their needs, their disability or a mobility problem mean they cannot walk the route. The question is not "how far is it" but "can this particular child walk it". For a child whose plan describes, for example, no sense of road danger, severe fatigue or a physical disability, the honest answer is often no.

Transport sits outside the EHC plan

Here is the part that catches families out. Naming a school in section I of an EHC plan does not automatically bring transport with it. The plan is about needs, provision and placement; transport is a separate council function, decided under the council's transport policy through its own application process. Two consequences follow.

First, never assume. Even when the council itself has named a school on the other side of the borough, you still need to make a transport application. Treat it as a parallel task to the placement itself, started as soon as the school is named, so the arrangements exist before the first morning of term.

Second, disagreements about transport are handled through the council's own review and appeal processes rather than the SEND Tribunal. The tribunal deals with the plan: the needs in section B, the provision in section F and the school in section I. A transport refusal is challenged inside the council, using the process set out in its published transport policy. That is frustrating, but knowing it saves you from aiming a challenge at the wrong door.

How to apply

Applications go through your local council. Gov.uk points parents to their council's school transport pages, and most councils run applications through a school transport or travel assistance team. Search your council's name together with "school transport" to find the form, and check the deadlines: many councils ask for applications well before the start of the school year.

Apply in writing or through the official form, keep a dated copy and ask for the decision in writing. If your child's circumstances change, or a new school is named at an annual review or after a move, you can apply again. Families who have just changed council area should remember the new council runs its own scheme; our guide to moving with an EHCP covers the wider handover.

Making a strong application

The council can only decide on what is in front of it, so the application should show, specifically and factually, why your child qualifies:

• Anchor it to the rules. Say which rule you rely on: the distance rule, the absence of a safe walking route or the fact that your child cannot walk to school because of their special educational needs or disabilities or a mobility problem.
• Describe the walk, not just the diagnosis. What actually happens on that route with this child? Roads to cross, behaviour when overwhelmed, physical limits, what an adult has to do to keep them safe. Specific description is far more persuasive than a condition name.
• Use the plan as evidence. If the EHC plan's description of needs supports what you are saying, quote it. The council should not need persuading that needs described in its own plan are real.
• Attach professional evidence where you have it, such as letters from a physiotherapist, an occupational therapist, a paediatrician or the school describing the difficulties on the journey.

If the council refuses

Ask for the refusal in writing with the reasons. Then use the council's own review or appeal process, which its transport policy must set out; the stages and time limits vary from council to council, so check the policy on the council's website. Aim your response directly at the stated reasons: if the council says the route is safe, describe the route in detail; if it says your child can walk, answer with evidence about why they cannot. A refusal at the first stage is not the end of the process, so do not be put off using the later stages.

One more note for older students: the rules above are the gov.uk rules for children of compulsory school age. Arrangements for young people beyond that age are run differently and vary by council, so if your young person is heading to college, ask the council for its post-16 transport policy alongside everything else you are planning; our post-16 guide covers the wider transition.

Frequently asked questions