School Transport

Andrew Bridgen Excerpts

Tuesday 10th January 2012 Westminster Hall

[Nicky Morgan (Loughborough) (Con)]

It is a pleasure to lead today’s debate under your chairmanship, Mr Sheridan. After my question to the Minister in November on school transport, I am sure that he was not entirely surprised to see my name associated with the topic today, and I am pleased that he is here to answer this afternoon’s debate.

If all politics is local, nowhere does that seem to be more true than on the vexed issue of home-to-school transport. My interest in school transport policy arises from the decision of Leicestershire county council on the provision of a bus service to take pupils from the village of Sileby to Humphrey Perkins school in Barrow upon Soar in my constituency. A smaller number of families in Mountsorrel are also affected, but I will particularly focus on Sileby today. The objection in my case arises from the council’s view that the proposed walking route from Sileby to Barrow is safe and the strongly held view of almost everyone else that it is not.

Before I dwell on local matters, I feel duty bound to explore why the Minister and the Department for Education should have an interest in the subject despite the fact that the assessment of walking routes and decisions about the provision of home-to-school transport and on appeals made by affected families are all matters for local authorities. I firmly believe in localism and that local authorities and elected local members should make decisions about school transport routes—as long as they are made fairly and transparently.

National legislation, namely the Education Act 1996, as amended, governs the duties and powers of local authorities in England to provide home-to-school transport. In addition, case law on school transport and “Home to School Travel and Transport Guidance”, published by the then Department for Education and Skills in 2007, contains detailed guidance on the provision of school transport. In March 2011, the Department for Education commissioned a review of efficiency and practice in the procurement, planning and provision of school transport across England. Section 509 of the 1996 Act states:

“A local education authority shall make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purpose of facilitating the attendance of persons not of sixth form age receiving education…at schools”.

The 1986 case of Rogers v. Essex County Council was one of the most significant brought in recent years on available walking routes. In its ruling, the House of Lords stated that for a route to be available within the meaning of the 1996 Act, it must be a route

“along which a child accompanied as necessary can walk and walk with reasonable safety to school”.

A route does not fail to qualify as “available” because of dangers that would arise if the child remained unaccompanied, but the Court also held that a route is available even if the child would need to be accompanied along the route, as long as it is reasonably practicable for the child to be accompanied. Local education authorities can therefore take into account parents’ capacity to accompany their child. Following that judgment, the law was changed so that in considering whether a local education authority is required to make arrangements in relation to a particular pupil, it shall have regard to, among other things, the age of the pupil and the nature of the route or alternative routes that they could reasonably be expected to take.

Hon. Members must forgive me, because I am afraid that I am showing my background as a lawyer, but the history is helpful. In George v. Devon county council 1988, the High Court took the view that

“For an ordinary child whose home is within walking distance, but who applies under”

the relevant section

“a local education authority should consider: the age of the child and the nature of the route which he could reasonably be expected to take; the question should the child be accompanied on the route or alternative routes? If the answer is ‘no’, then normally there”

is

“no case for free transport. If the answer is ‘yes’, then”

the next question is

“whether the nature of the route or alternative routes is dangerous for the child if accompanied. If the answer is ‘yes’, then normally there would be a case for free transport. If the answer is ‘no’, then: the question”

is

“whether it is reasonably practicable for the child to be accompanied. If the answer is ‘no’, then normally there would be a case for free transport.”

Consequently, local education authorities must consider section 509, together with the various legal rulings, in defining their policies on the provision of school transport and the eligibility of individual pupils for free transport. Pupils, parents and families are encouraged to turn to the Directgov website for views on national policy. It states on its home-to-school transport page that

“Safe walking routes are those which usually include road crossings, good lighting and well maintained pavements and footpaths. LAs are required to assess the suitability of walking routes.”

Having set out the national policy background, I will turn to my local issue. Leicestershire county council stated its view on the Directgov approach in a letter to me dated 20 July 2011 from the assistant director of transport:

“‘Safe’ is a very absolute term and it is not possible to guarantee that anything is absolutely safe, so it is an unreasonable stipulation. The law requires that a walking route be ‘available’ for a child accompanied as necessary by a responsible adult and it is this criterion that we apply.”

As I have mentioned, however, a route also has to be reasonably safe, and therefore the dangers of a particular route should be taken into account.

In February 2011, a Leicestershire county council scrutiny review panel reported to the council’s cabinet on the council’s home-to-school transport policy. The panel was asked to consider, first, how available walking routes are assessed and the appropriateness of the current method of assessment, and, secondly, what are known in Leicestershire as “historic exceptions” and whether such services are still justified. Historic exceptions are bus services provided free to children despite the route length being under the statutory distance and despite a route having subsequently been assessed as available for children to walk. Children using services on those historic exception routes will continue to receive free transport until September 2012. The Sileby to Barrow route is not an historic exception.

[Andrew Bridgen (North West Leicestershire) (Con)]

I thank my hon. Friend and neighbour for securing the debate on school transport, which is also a major issue in my constituency. Does she agree that under current guidelines common sense sometimes appears to go out of the window? In my constituency, there have been instances of older children retaining free bus passes, while younger children in the same household are asked to walk to school. Does she appreciate how frustrating it can be when a household is judged to be outside the three-mile limit and gets free bus travel, but the next-door neighbour is judged to be within the limit and their children are asked to walk to school? Surely we need discretion and common sense in such cases.

[Nicky Morgan]

I entirely agree with my hon. Friend. Common sense has been lost as part of the debate and in reviewing the routes. I have exactly the same situation in Mountsorrel, where apparently older children already at the Humphrey Perkins school will continue to receive free bus passes and younger children starting at the school will not.

In undertaking the review, the scrutiny review panel was asked to have regard to the financial, environmental and health implications of any proposed changes to existing policies in the context of the legal obligations placed on the county council. The overall review was conducted as part of the council’s medium-term financial strategy. The panel did not consider the Sileby to Barrow route and nobody with an interest in the route, such as the headmaster, the families or local councillors, was asked to give evidence to the panel. In reaching its conclusions, the panel decided that the width of a footpath and the lighting of a route did not need to be considered when a route is assessed, which is where common sense has gone out of the window.

In May 2011, parents of pupils in Sileby and Mountsorrel due to start at Humphrey Perkins school in September 2011 were written to and told that free school transport would be available for their child. Imagine their surprise, and the surprise of the head teacher, who also knew nothing about this, when in late June last year they and the families of children already receiving free transport, because the route was deemed to be unavailable, received a letter saying that that would no longer be the case and that because they lived less than three miles from the school and there would now be an available walking route, they would not be eligible for free transport and instead would have to pay for a school bus service. It was at that point that a campaign group was formed and I was made aware of the problems that the 53 parents in Sileby face.