I beg to move,
That this House has considered the statutory framework for home-to-school transport for children with SEND.
It is a great pleasure to serve under your chairmanship, Sir Mark. I am delighted to have secured this debate on 3 December, which is the International Day of Persons with Disabilities. I am pleased to see a number of hon. Members present to speak, which truly reflects the importance of the issue.
Disabled children enter the education system with the odds stacked against them. The damage and chaos wrought by 14 years of underfunding and understaffing have left a broken special educational needs and disabilities system. Parents have to fight for the entitlements of their child at every step of the way, simply to ensure that they are given the same life chances as other children. As the parent of a disabled child, I have experienced that at first hand.
We know how vital each stage of the journey through education is for a disabled child. The importance of early intervention cannot be disputed, as it provides crucial support to their development and improves long-term outcomes. Similarly, the transition to adulthood is a key stage of development when disabled young people advance their independence and encounter new challenges. Yet, as it stands, we have a statutory framework for home-to-school transport that, in effect, excludes disabled children from accessing education. Even where the statute necessitates that local authorities provide home-to-school transport, this is often disputed and subject to many shortcomings, leaving parent carers with another fight on their hands. However, I will focus on the framework today.
Under the existing framework, the legal obligation of local authorities to provide free transport to a place of education applies only for eligible children aged five to 16 and young people aged 19 to 25. This is a vital lifeline for disabled children and their families, ensuring that even those with the most complex needs can attend a school that offers specialist provision to help them get on in life, but until they reach the age of five, and after the statutory duty falls at the age of 16, disabled children and their families are failed by the current system.
Before a disabled child turns five, it is at the discretion of local authorities to make suitable arrangements for them to attend early years settings. In reality, that can materialise as a flat refusal to any request for transport. Families who have been fortunate enough to secure a competitive place at a specialist early years setting are then denied support, and are unable to shoulder the burden of time and cost needed to transport their child themselves. One parent told me that the only school suitable for their child’s complex health condition was an 11-mile drive from home. Their transport application was rejected. As they cannot afford petrol for four trips a day, that parent now drives the child to school and stays there, leaving them unable to work.
Families are forced to make the impossible choice between transporting their child themselves or giving up work, and those children who are most in need of early intervention are unable to access it. Some local authorities even refuse to transport a child to primary school until the very day that they turn five, by which time a disabled child may have missed a term of reception and lost out on vital therapies and specialised support. That leaves disabled children playing catch-up from day one.
By the age of 16, many children with SEND will have been receiving free transport for more than a decade, but as the legal obligation for that provision falls, their education can be thrown into turmoil. In the past, many councils continued to provide free transport for children with SEND from the ages of 16 to 19. Funds put into those travel costs are saved further down the line—they allow students with disabilities to achieve qualifications and skills, and to gain confidence, independence and experience. This makes it much less likely that they will fall into unemployment or disengagement, and face challenges with mental and physical health. However, the rising demand—with 576,000 children and young people in England now having an education, health and care plan—coupled with local authorities being under immense financial strain, has led to local authorities across the country, including in my constituency of Thurrock, cutting the service.