The right to free transport

Under Section 508B of the Education Act 1996, if your EHCP child is unable to get to school because of their special educational needs, Shropshire Council has a duty to arrange and fund their transport. This is not a discretionary service - it's a legal right. If your child has a physical disability, mobility difficulties, sensory impairment, anxiety, or any other need that makes independent travel impossible or dangerous, they are entitled to free transport. This right continues until the young person is 19 (or beyond if they're in education).

What counts as "unable to get to school"

Shropshire Council's definition of "unable" is often narrower than parents expect. Under case law, a child is unable to get to school if they cannot reasonably be expected to do so because of their special educational needs. This includes: young children who cannot travel independently; children with physical disabilities affecting mobility; children with anxiety or autism that makes travel impossible; children with health needs requiring adult supervision; and children with complex needs requiring specialist support. Keep evidence of why your child cannot travel independently - medical evidence, professional reports, diary of difficulties.

How to apply for transport

Contact Shropshire Council's SEND transport team and request transport for your child. You'll need to provide evidence of your child's special needs and why they're unable to travel independently. Include: the school's distance from home, your child's health and disability evidence, professional reports (paediatrician, therapist, etc.), and a statement of your child's specific barriers to independent travel. If Shropshire refuses, they must give reasons in writing. If you disagree with their decision, you can appeal.

Appealing if ${b} refuses

If Shropshire Council refuses to provide transport, don't accept it. You can appeal through the local authority's complaints process, ask for a review of the decision, or lodge a complaint with the Local Government Ombudsman. You cannot appeal to the SEND Tribunal specifically about transport, but if transport is part of what the EHCP should specify (for example, if attending the named school is impossible without transport), you can include this in any EHCP appeal. EHCP Expert can help you draft your transport appeal letter.

What transport should include

Transport should be appropriate to your child's needs - this might be a council minibus with a trained escort, a taxi with passenger assistance, or a personal budget to arrange transport yourself. The provision must be safe, reliable, and appropriate. If your child has complex medical needs, the transport provider must be able to manage these. If your child becomes distressed during travel, the escort must be trained to support them. Don't accept inadequate provision - push for what your child actually needs.