Proposed decision:
The Cabinet Member for Education and Skills:
To agree the Transport Policy for Children and Young People aged 4 to 16 with effect from the 2024/2025 academic year.
Background
The new Home to School Transport Policy formalises how KCC identifies who meets the national criteria for free home to school transport for all mainstream and Special Educational Needs and Disabilities (SEND) pupils aged 4 to 16 and highlights KCC’s commitment to providing suitable transport. It explains what additional transport support KCC will provide and how this will be achieved. The Policy is planned to come into effect from the 2024-25 academic year. There are no proposed changes to the current eligibility criteria.
This Policy will apply to all families living within KCC’s administrative boundary, including those children and young people (CYP) who attend mainstream or special schools in other Local Authority areas. The Policy will apply to all CYP in this age range including those with a disability and where appropriate, those who have an Education, Health and Care Plan (EHCP).
Financial Implications:
In 2022-23, the estimated total revenue costs to KCC of providing free transport to school for eligible Pre-16 learners was over £55m of which just over £9m was spent on transporting mainstream children and around £46m related to the transportation of eligible children with Special Educational Needs.
The proposed transport policy for CYP aged 4 to 16 is expected to have minimal financial impact. The proposed changes are intended to normalise several schemes, including Personal Transport Budgets and school led transport arrangements, which have been in operation for a number of years in a pilot capacity. It is also anticipated that there will be a reduction in the administration requirement of holding appeals when agreeing eligibility in specific circumstances. Associated costs with these schemes and eligibility criteria are already reflected in both the Mainstream and Special Educational Needs Home to School Transport budgets. The associated administration saving will be negligible.
The widening of the Personal Transport Budgets to include mainstream pupils, formalising school led transport and exploring the Cycle Bursary Scheme could lead to some future cost savings. The level of savings will be determined by future take-up of the schemes by parents & schools. A separate paper will be presented to CYPE Cabinet Committee at a future date to explore the further development of school led transport initiatives.
Decision type: Key
Reason Key: Affects more than two Electoral Divisions;
Decision status: Recommendations Approved
Division affected: (All Division);
Notice of proposed decision first published: 12/07/2023
Decision due: Not before 11th Aug 2023 by Cabinet Member for Education and Skills
Reason: To allow the required 28 day notice period under Executive Decision arrangements
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.
Consultation process
The proposed decision was considered and endorsed by the Children’s, Young People and Education Cabinet Committee on 18 July 2023.
Consultees
KCC consulted with current and future service users between 25 January and 21 March 2023 on a 4 - 16 Transport Policy (effective from 2024-25 Academic Year). The consultation also included a Post 16 Transport Policy Statement including Post 19 for 2024/25.
Legal implications: Sections 508B and 508C of the Education Act 1996 explain how free school transport should operate across the UK. Under the Act, a parent is responsible for ensuring that their child attends school regularly. However, Section 444(3B) provides that a parent will have a defence in law against a prosecution by a Local Authority (Council) for their child's non-attendance at school, where the Local Authority has a duty to make travel arrangements in relation to the CYP under Section 508B and has failed to discharge that duty. Where there is a duty for KCC to provide travel arrangements we will assess applications to establish those who are eligible and where necessary provide free transport. Section 2 of the proposed Transport Policy explains these circumstances (eligibility criteria) and the arrangements for transport assistance. No changes are being proposed to the eligibility criteria in the new Policy. This means children will be assessed in the same way as current applications.
Equalities implications: An EqIA has been completed and the outcome was included in the report to the Children, Young People’s and Education Cabinet Committee and the report presented to the Cabinet Member before the decision is taken. Data Protection Impact Assessment - Changes associated with this decision do not affect the data that is collected or how it is used, so previous DPIAs remain valid and do not require revision.