Issue details

Proposed decision:

To agree the Post 16 Transport Policy Statement including Post 19 Transport 2025/26 and future implementation

Reason for the decision

KCC has a duty to consult on and publish its Post 16 Transport Policy Statement every year.  Whilst there is no statutory duty to provide transport for Post 16 Learners, there is a duty to consider applications for assistance with transport and to enable access to education and training to age 18. The transport policy sets out how KCC will meet this duty and what learners can expect by way of support.Councils also have a duty to make such arrangements as they consider necessary for the provision of transport and otherwise in respect of Adults learners including those with an EHCP.

Financial Implications

The Home to School Transport net budget is £97.7m for 2025-26. There are no specific grants for home to school transport and the Council are expected to fund their responsibilities through the General Fund (Council Tax and other wider council funding) or where applicable, parental contributions. This budget covers mainstream, post 16 and SEN transport for eligible children aged up to 25.

The Council currently spends approximately £10m per annum on Post 16 transport to schools and further education providers. There are no substantive changes proposed to the 2025-26 policy.

Legal Implications 

The requirements placed on a local authority are defined in the Education Act 1996 (as amended), Education and Skills Act 2008, Education and Inspections Act 2006, Apprenticeships, Skills, Children and Learning Act 2009 and the Equality Act 2010.

Local authorities do not have a general obligation to provide free or subsidised post 16 travel support but do have a duty to prepare and publish an annual transport policy statement specifying the arrangements for the provision of transport or other support that the authority considers it necessary to make to facilitate the attendance of all persons of sixth form age receiving education or training.

The policy statement also sets out the duties on the LA to consider requests for transport support. KCC is required to enable access to education and will consider applications for support where a Kent 16+ Travel Saver pass is not suitable.  Where support is agreed, the policy makes clear that learners will initially be assessed for Travel Training and alternative transport arrangements will only be provided where this training is not appropriate. Where additional support is refused learners can appeal to the Transport Regulation Committee Appeal Panel. 

Local authorities also have a duty to encourage, enable and assist young people with Special Educational Needs and/or Disabilities (SEND) to participate in education and training, up to the age of 25.