Understanding EHCPs

School transport with an EHCP: your child’s rights

An EHCP doesn't automatically mean free school transport, but many children with SEND are entitled to it. Here is who qualifies, what the council must consider and how to appeal.

Last checked 18 October 2026 How we check our information

A mum rests her hand on her daughter's shoulder outside a primary school as a passenger assistant waits beside a minibus with its ramp lowered
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In short

  • Free school travel depends on distance, safety and your child’s needs. An EHCP doesn’t give it automatically.
  • Your child may qualify at any distance if their SEN, disability or mobility means they can’t reasonably be expected to walk, even with you.
  • If the council says no, you can ask for a review, then an independent panel, then complain to the Ombudsman.

An EHCP does not automatically mean free school transport. Councils must arrange free travel for eligible children, and a child with special educational needs or a disability can qualify at any distance if they can’t reasonably be expected to walk to school, even with an adult.

Who can get free travel to school

Children of compulsory school age who go to their nearest suitable school can get free travel if one of these applies:

  • Distance: the school is more than 2 miles away for a child under 8, or more than 3 miles for a child aged 8 or over.
  • SEN, disability or mobility: your child can’t reasonably be expected to walk to school, even with a parent. There is no minimum distance.
  • An unsafe route: there is no safe walking route, even with a parent.

Families on a low income can get help over longer distances too. Your child doesn’t need an EHCP to qualify on SEN or disability grounds.

Check the exact deadlines for your child

Does an EHCP mean free transport?

No. The government’s guidance says that not every child with an EHCP, or at a special school, will be eligible. The council must look at your child’s own needs.

The school named in your child’s EHCP is usually treated as their nearest suitable school.

If you chose a school further away

If you asked for a school that is further away than another suitable school, the council can name your school on condition that you arrange or pay for the travel. It must explain this when it decides what to name in Section I. Read naming a school in an EHCP.

What the council must consider

  • your child’s needs, including whether they could walk the route safely with you
  • your own circumstances, such as a parent’s disability
  • that free travel must be free of charge to you

Councils should offer independent travel training where it suits a child. Travel can’t be withdrawn because a child didn’t complete the training. Some councils offer a personal travel budget or mileage allowance instead, but only with your agreement.

How to challenge a refusal

  1. Stage 1: write to the council within 20 working days of its decision. A senior officer should reply within 20 working days.
  2. Stage 2: if you’re unhappy, ask within 20 working days for an independent appeal panel. It should decide within 40 working days.
  3. The Ombudsman: if the council didn’t follow the right process, complain to the Local Government and Social Care Ombudsman.

Transport isn’t a SEND Tribunal matter. Travel appeals go through the council’s own two-stage process, not the tribunal.

Separate help with costs, such as DLA and a Blue Badge, is covered in benefits for a child with an EHCP.

Questions parents ask

Is school transport written into the EHCP?

Usually not. Travel to school is normally decided under separate transport rules, by the council’s transport team. Evidence from the plan can support your application.

What about transport after age 16?

The rules are different for students aged 16 and over. Each council publishes a post-16 transport policy statement, and help may not be free.

How do I challenge a transport refusal?

Ask the council to review the decision, then ask for an independent appeal panel. If you are still unhappy, you can complain to the Local Government and Social Care Ombudsman.

What to do next

Sources

This guide gives information, not legal advice. For advice about your child, contact IPSEA or your local SENDIASS. Both are free. If something here looks wrong or out of date, tell us.