Proposed Decision:
To agree the Post 16 Transport Policy Statement including Post 19 for the 2026/27 academic year and activity required to deliver future implementation
Reason for the decision
KCC has a duty to consider what support it is necessary to provide to facilitate each young person’s attendance. Historically, KCC has offered more direct support for some Post 16 learners, particularly those with SEND including EHCPs. This meant that their transport has remained very similar after they turn 16, even though there is no legal requirement to provide that level of support. This offer has never been universal, with only a small proportion of learners getting this additional level of support. Most learners of sixth form age, including the majority of those with SEND including EHCPs are currently expected to make their own arrangements.
However, since 2018, Kent has seen over an 80% increase in the number of children aged 16 and above with an EHCP. The provision of transport for this group is inevitably more complex, which means that it usually requires more resources to fulfil. KCC is not provided with dedicated funds for Post 16 transport, which means that any additional offer that KCC makes must come from its general funds, namely the Council Tax that it collects from local residents and government grants. As a result, we need to ensure that our policy and transport services are both appropriate to meet the specific travel needs of learners and are sustainable now and in the future.
KCC held a public consultation between 27 January and 23 March 2025 to outline its proposed transport policy for 2026/27.
The key drivers for the proposed changes are as follows: promoting independence; rebalancing KCC’s offer to learners of sixth form age and adult learners; and financial sustainability. These were explained in more detail in related consultation materials and the cabinet paper that will accompany this decision.
The structure of KCC’s standard offer of support to both learners of sixth form age and adult learners is proposed to remain unchanged for 2026/27. KCC is also not proposing to alter the criteria it will apply in determining which learners receive support. This means the same learners will be identified for additional support under the proposed policy.
However, there is no legal definition of what level of support should be provided to these learners where KCC considers that alternative support should be provided .The consultation proposed the following changes to how Kent would provide alternative support to these learners
Proposed 2026-27 changes for Learners of Sixth Form Age
The proposed policy would make Personal Transport Budgets (PTBs) KCC’s default offer to learners who qualify for additional support, to facilitate their travel to their place of education. This means a KCC organised vehicle would only be provided in exceptional circumstances, rather than to the majority of pupils that qualify for additional support, as is currently the practice.
Proposed 2026-27 changes for Adult Learners
The proposed policy would to make two main changes to the support provided to adult learners,as follows:
· Adult Learners would be expected to apply for support via the Government funded 16 to 19 Bursary Fund from their learning provider before approaching KCC for any additional support. The 16 to 19 Bursary fund is national funding provided to learning providers to support a range of needs including transport.
· Where KCC assesses that any support provided to students via the 16 to 19 Bursary Fund is insufficient to facilitate a student’s attendance at school, college or training, consideration would be given to support in the form of a mileage payment. KCC would offer a mileage payment, as standard. Under the proposed policy, KCC would generally no longer make transport arrangements for individuals to whom it provides support. KCC would only consider providing transport in exceptional circumstances.
It is also recommended that the Assistant Director for Fair Access and SEN Processes works in conjunction with learning providers to develop and fund cost effective bespoke school led transport options that increase transport options for learners. This requires delegated authority to the Corporate Director for Children, Young People and Education, to enter into relevant contracts or other legal agreements, including Service Level agreements (SLAs), and ensure sufficient administrative capacity, as necessary to implement this decision.
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. Estimated total cost reductions from this proposed decision would be in the region of £6m per year (when fully implemented). It is recognised that in some individual cases, the proposed reduction in support may give rise to a need to access other KCC services, such as children’s or adult social care, however this would have to be assessed on an individual basis. A contingency to mitigate the risk of these additional costs to other parts of the council will be considered as part of the full Cabinet Committee paper.
Decision type: Key
Decision status: For Determination
Notice of proposed decision first published: 24/06/2025
Decision due: Not before 23rd Jul 2025 by Cabinet Member for Education and Skills
Reason: To allow 28 day notice period required under Executive Decision regulations
Lead member: Cabinet Member for Education and Skills
Lead director: Christine McInnes
Department: Education & Young People's Services
Contact: Craig Chapman, Head of Fair Access Email: craig.chapman@kent.gov.uk Email: craig.chapman@kent.gov.uk.
Consultees
Public consultation undertaken:
A public consultation was held between 27 January and 23 March 2025
Cabinet Committee consultation:
The proposed decision was considered and endorsed at the Children’s, Young People and Education Cabinet Committee on 15 July 2025
Financial implications: Please see detail above
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. A full analysis of the legal implications will be included in the corresponding Cabinet Committee Paper
Equalities implications: Equalities Implications An initial Equality Impact Assessment (EqIA) has been completed. The full EqIA has been published alongside the consultation document and can be found on the consultation webpage. KCC’s EqIA assesses that the proposed changes would negatively impact those with the protected characteristics of age, disability, sex and race. It sets out proposed mitigating actions in respect of each of those characteristics. The EqIA also assesses the potential impacts on the proposals on the three equality needs: eliminating discrimination; promoting equality of opportunity; and fostering good relations between different protected groups. The EqIA will be updated following the consultation and the Cabinet Committee paper will outline how policy proposals have been affected by these adjustments Data Protection implications Changes associated with this consultation do not affect the data that is collected or how it is used, so previous DPIAs remain valid.