School Transport

Steve McCabe Excerpts

Thursday 25th June 2015 Westminster Hall

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

It is a pleasure to see you in the Chair, Mr Walker. I congratulate the hon. Member for Ribble Valley (Mr Evans) on securing this important debate. I doubt whether a single Member has not at some time or other come across the vexed issue of school transport, usually at some kind of advice centre.

I will quickly cover what I understand to be the duties and powers of the local authorities in England to provide home-to-school transport under the Education Act 1996, as amended; I am sure that the Minister will confirm this. The “Home to school travel and transport guidance” for local authorities provides further clarification. The guidance was updated recently—only in July last year—and it covers the statutory duties that a local authority must abide by when making home-to-school arrangements. It also provides local authorities with advice on discretionary powers to make provision for children where there is no statutory obligation; the hon. Member for Ribble Valley focused on that point.

The guidance applies to the vast majority of schools—community, foundation, voluntary, non-maintained and special schools, referral units, maintained nurseries, city technology colleges, city colleges for the technology of the arts, academies, free schools and university technology colleges. An independent school can also be covered if that school is named in the child’s education, health and care plan, so the guidance is pretty comprehensive.

Three main issues affect the arguments about the provision of school transport. First, there is the cost. The hon. Member for Ribble Valley and I might not have identical views, but we all heard his point about that issue. I am concerned that the cost is borne increasingly by impoverished local authorities. Secondly, there is the allocation and provision of school places, which seems to be resulting in an ever-increasing number of children in some parts of the country having to travel substantial distances to school. Finally, there is the question of safety and the emphasis on motor transport rather than walking or cycling. That point was alluded to by the hon. Member for Glasgow Central (Alison Thewliss).

As the pressure on public spending intensifies, many local authorities have found themselves facing funding reductions of about 37% over the period 2010-11 to 2015-16. Many hon. Members will recognise that those cuts are not applied fairly across the board, with reductions that can vary from 5% to 40%. Needless to say, councils with the greatest needs and deprivation, such as my own in Birmingham, are required to take the largest share of the cuts. It is hardly surprising in those circumstances that local authorities are finding it harder to provide school transport. The Public Accounts Committee report of 28 January this year warned that further cuts might undermine the viability of not just optional services, but even some statutory ones.

When it comes to school transport, that is exactly what is happening. It is often a case of local authorities tinkering with the distance rules as a means of excluding people. In essence, there is an attempt to save costs. Schools have plenty of other pressures, not least the pensions issue that is looming for the Minister, but they are sitting on quite large reserves. The Department for Education’s figures show that 4,400 academies, as of March 2014, had reserves of £2.47 billion; some way behind are the 18,700 local authority maintained schools, which had reserves of £2.18 billion.

I meet plenty of local authority leaders who ask me why schools, given that they are sitting on these reserves, should not pay for or at least contribute to the transport costs, while local authorities are facing such cuts.

[Mr Nigel Evans]

I am a former school governor and I was on West Glamorgan County Council. In many cases, schools save that money for capital projects, some of which can run into millions, so that money would not be available to spend on other projects.

[Steve McCabe]

I am also a former school governor. I acknowledge that there are other pressures in schools. I was pointing out that they are sitting with reserves. Local authorities have largely been encouraged by the Secretary of State to use up theirs.

The hon. Gentleman referred to the problem, with which I totally sympathise, of parents being asked to pay £500. I do not know whether he saw the recent article in the Bournemouth Echo; I am sure he is an avid reader of it. It highlighted the plight of parents whose children attend the Parkfield free school. The school was set up and is now having to move to a more satisfactory base. Unfortunately, its new location is not particularly well served by public transport. There is a business willing to provide a school bus service, but at a cost of £650 to the parents. Neither the school nor the local authority feels able to subsidise that transport cost. When I read about that and as I listened to the hon. Gentleman, I wondered whether he was simply describing the shape of things to come.

Given the importance of getting children to school safely, I wonder whether the Government need to look again at the guidance, even if it was reviewed only last year, and at the funding arrangements. As to the suggestion that we might perhaps extend the travel distance or cut some local authority officers’ salaries, that might be one approach, but perhaps the Minister could also consider whether it is right for the duty to rest solely with local authorities.

We all tend to look a bit nostalgically back to the time when many of us would have walked to school, but at that time, of course, the concept of a local school was common. The hon. Member for Ribble Valley referred to problems of choice and locality, and the confusion over preferences and allocation of places. I certainly recognised what he was describing, but I suggest that the pressure on school places results largely from the imbalance in current provision, which results directly from Government policy. It has resulted in additional capacity in some areas and insufficient places in others, often in areas with the highest numbers of children.

Some Members, including the hon. Member for Rugby (Mark Pawsey), have spoken of the barriers to children’s attendance at grammar schools and other schools of their choice, and that is certainly happening. In other cases, the capacity argument means that children are sometimes forced to travel great distances to school.

I know that the Minister is fond of reading the Daily Mail; in March, it reported on a mother from south London who complained that she was forced to drive her son 25 miles to his current school because she cannot obtain a place at the local school, which is down the road and round the corner. We hear stories repeatedly about children who must make journeys involving several buses, after they fail to get a local place. That pressure is added to by admissions policies that often result in children in the same household attending different schools. Again, that is a point to which the hon. Member for Glasgow Central drew our attention.

Every year at around this time, I am inundated at my advice centres with parents who have experienced the problem of not getting the school of their preference. Can it be right that a five-year-old is expected to make a two-and-a-half mile taxi journey to school, because he cannot get a place at the school nearest to where he lives? What assessment has the Minister made of the pressure on school places and the distance that children must travel? Does the situation mean that, whatever the arguments about academies or free schools, we need a more rational planning arrangement so that we have more school places where they are needed?

It is worth noting that, under the guidance, local authorities are obliged to provide free transport where there is no safe walking route, however close to the school the child may live. There cannot be many of us who have not witnessed the traffic problems around local schools at the start and end of the school day—traffic problems largely generated by parents who not only want to drop off and collect their children, but want to park as close to the school gate as possible.

I was told recently about an incident at one school in my constituency. A parent managed to knock down a child as she attempted that manoeuvre. Fortunately, no serious damage was done, but the stressed driver, rather than apologising immediately, got out of her car and castigated the child for not paying sufficient attention while she was trying to park. That pressure around the school gate is making life far too difficult for too many children.

I note that more than 27% of parents now automatically drive their children to school; 23% of cars on the road at peak times are taking children to or from school, despite 19% of school journeys being under a mile—a distance that I am told people can comfortably walk in about 20 minutes, even if they are not trying very hard.

Clearly, we need to give much more thought to how to create a safer environment in the immediate vicinity of schools and what the Government can do to help to deliver a sensible cycling and walking strategy, as proposed by the Living Streets charity. At a time when we are rightly concerned about childhood health and obesity, it is remarkable how few children walk to school. I am very impressed by Brake and other road safety charities, which have been calling for safe travel zones around our schools. That approach covers speeding traffic, crossings, inconsiderate parking, and cycling and walking. In that context, I welcome the Government’s target of 55% of five to 10-year-olds walking to school, but we will not achieve that without deliberate and specific action. Can the Minister say what he has in mind?

I conclude by asking the Minister to look again at the guidance and whether schools, local authorities and others could be encouraged to share the burden of the cost of school transport. I have given up hope of local authorities getting fair funding deals, but his own Back-Bench colleagues are now asking him to look at this issue. Can he look at the provision of places and the possibility of a more rational planning framework and tell us what parental choice means in this day and age if parents are not able to send their children to the school of their choice, for the reasons that his hon. Friends state? Finally, can the Minister tell us what steps he has taken regarding safer, healthier alternatives for getting children to and from school?

[Mr Charles Walker (in the Chair)]

The Minister has a lot to get his teeth into, and the debate is due to end at 4.30 pm. Actually, that is quite a long time, but if he is minded to take up most of it, could he leave a couple of minutes at the end for Mr Evans to respond?

[The Minister for Schools (Mr Nick Gibb)]

It is a pleasure to serve under your chairmanship, Mr Walker. I will try to squeeze my remarks into the remaining time.

I congratulate my hon. Friend the Member for Ribble Valley (Mr Evans) on securing the debate and on his excellent and compelling opening speech. He is a strong advocate for his constituency on a range of issues, and this is another example of that advocacy. I also congratulate my hon. Friend the Member for Rugby (Mark Pawsey) and the hon. Member for Glasgow Central (Alison Thewliss) on their contributions, in which they cited their own constituency issues.

The hon. Member for Birmingham, Selly Oak (Steve McCabe) was unwise to talk about school places planning, given that the previous Labour Government eliminated 200,000 primary school places when it was absolutely clear that the birth rate was increasing. One of the first things that the coalition Government had to do was to double the spending on creating new school places at a time of enormous constraint on the public finances. Over that period, we have spent several billion pounds on providing more school places to make up for the backlog that we inherited in 2010.

[Steve McCabe]

In case the Minister misunderstood me, I point out that I am not disputing whether the Government are creating more places; I am talking about the problem that they are creating by giving us over-capacity in one area and insufficient places where children are living. That is the difficulty; it is about the planning, not the number.

[Mr Gibb]

But of course the planning is easier if we do not have to catch up on a huge deficit in school places.

My hon. Friend the Member for Ribble Valley has consistently championed the practical importance of school transport to children and their parents in his constituency. Where schools are beyond reasonable walking distance, parents should be entitled to expect the local authority to support transport arrangements. That rightly remains a statutory duty on local authorities. This afternoon, my hon. Friend has highlighted the impact of local authorities’ decisions, in the context of a tight fiscal position, to consider the availability of transport to schools that are the parents’ first choice but that the local authority deems are not the nearest suitable school.

The Government are committed to securing a good school place for every child. Today, more than 1 million more children attend good or outstanding schools than in 2010, and 260 new free schools set up by local charities, trusts and groups of parents are offering education that meets the needs of their communities. Additionally, in the previous Parliament, the Government spent more than £5 billion in funding local authorities to create new school places, and we have announced a further £3.6 billion over the next three years. The sponsored academies programme has turned around 1,154 underperforming schools over the past five years, ensuring that more pupils benefit from the highest standards of education.

Parents make few choices for their child that are more important than the choice of which school they attend and, thanks to our reforms, in many cases it will increasingly be the nearest and most conveniently located school. Some parents, however, might decide that their child’s education would best be served by attending a school further away from home because the performance of the nearest school is not yet good enough or because of considerations about a school’s specialism, ethos, faith status—my hon. Friend alluded to that—or, in some areas, whether it is academically selective, as mentioned by my hon. Friend the Member for Rugby.

Local authorities have a statutory duty to provide free transport for pupils in compulsory education at their nearest suitable school if it is beyond the statutory walking distances. Those thresholds, as has been said, are 2 miles for children under the age of eight and 3 miles for those aged eight and above. Under the universal statutory duty, “suitable school” is taken to mean the nearest qualifying school with places available that provides education appropriate to the child’s age, ability and aptitude. If a child has passed a grammar school entry test, for example, the local authority would not necessarily deem other, nearer schools unsuitable.

All local authorities have an additional duty to enable children from low-income family backgrounds to access a wider range of schools, including faith schools. That duty is known as “extended rights” and attracts national funding worth almost £20 million in this financial year. The extended rights policy helps children from low-income groups for whom a lack of affordable transport might act as a barrier to choice, thus enabling some of the most disadvantaged pupils to secure fair access to a wider range of schools. Children are eligible for extended rights if they are entitled to free school meals or if their parents are in receipt of maximum working tax credit. Where those criteria apply, pupils are given additional financial support towards school transport.

The policy amends the statutory walking distances, so that local authorities must provide free transport for such pupils where the nearest suitable school is beyond 2 miles if the pupil is over the age of eight but below the age 11; beyond 2 miles but within 6 miles for pupils aged 11 or over and there are not more than three suitable nearer schools; or beyond 2 miles but within 15 miles for pupils aged 11 or over who are attending the nearest suitable school on the grounds of religion or belief. As my hon. Friend the Member for Ribble Valley said, the policy does not apply to children whose parents do not qualify for extended rights. Although parents do not enjoy a specific right to have their children educated at a school with a religious character or at a secular school, or to have transport arrangements made by their local authority to and from such a school, the extended rights policy includes the nearest suitable school on the grounds of religion or belief up to 15 miles, as there are often fewer faith schools within a reasonable distance. Even if children do not have a statutory entitlement to free home-to-school transport, local authorities have a discretionary power to provide free or assisted transport if they believe it necessary and local funding is available.

Lancashire County Council has historically provided free home-to-school transport to catchment area schools in Ribble Valley, regardless of whether they are the nearest school. Nationally, expenditure on home-to-school transport currently totals some £1 billion, and approximately £600 million of that is spent on transport for pupils with special educational needs. The total figure has remained broadly consistent over the past three financial years, although the proportion allocated to special educational needs transport shows a gradual increase over that period.

Lancashire County Council’s total expenditure on home-to-school transport has remained broadly consistent with the slight reduction in the amount spent on special educational needs over the three-year period. I understand that from September 2015, as my hon. Friend has explained, Lancashire County Council will introduce a package of measures to reduce its home-to-school travel costs, one of which is to remove the county-wide discretion to pay travelling expenses to catchment area schools when there is a nearer school. For new pupils starting this September, the local authority will fund transport only to the nearest school. Those changes are being phased in, and a child who started at a school under one set of arrangements will continue under those arrangements. For some parents who wish to send their child to a religiously designated school, their chosen school may not be their nearest. In that case, Lancashire County Council requires parents to contribute towards the overall cost of transport.

Where possible, I urge local authorities, including Lancashire County Council, to consider preserving discretionary school transport support for disadvantaged pupils and to consult widely about any plans to change arrangements. Good practice suggests that when parents are asked to pay all or some of the costs of non-statutory transport provision, low-income families who are not eligible for the extended rights should not have to pay. That is good practice, although it is not compulsory under law.

My hon. Friend asked about schools that back on to each other, citing the example of the Catholic school along a ginnel—I think that was the word he used—from the school whose students were entitled to free school transport. I urge the local authority to be reasonable and consider the issue in the context that my hon. Friend so ably explained. I make the same point to my hon. Friend the Member for Rugby about the example that he cited from Binley Woods, with the Lawrence Sheriff school and the grammar school under Warwickshire County Council. I know that he has responded to the consultation, which is ongoing.

The Government encourage more pupils to cycle or walk to school, particularly in urban areas. We have set an ambition to increase the percentage of schoolchildren aged five to 10 who walk to school to 55% by 2025, and we have made a long-term funding commitment of more than £400 million for cycling and walking available to every local authority in the country until 2021. To cite one example, Darlington Borough Council has encouraged a shift away from cars to more sustainable methods under the brand Local Motion. Central Government have provided funding for the project since 2011. It ensures that schools, young people and their families receive relevant information to enable them to choose sustainable travel options to get to and from school. As a result, the cycling rate among secondary school pupils in that local authority area has increased from 1% to 7%.

[Steve McCabe]

I am interested in what the Minister is describing. Am I right in thinking that local authorities are not obliged to tie that funding to travel to school plans and that some local authorities can choose to spend it in other ways? If so, would it not make more sense to require them specifically to take the travel to school issue into account when spending the money?

[Mr Gibb]

We believe in local discretion. My hon. Friend the Member for Ribble Valley argued that we should remove that discretion and the hon. Gentleman is hinting that he would like to remove some of it, but the Government’s philosophy has been that local authorities should have discretion to spend that money as they see fit, to respond to local circumstances. That has been the policy for many years. We believe that they are best placed to determine how resources should be used in the areas that they serve and to balance the demands of a broad range of discretionary travel against their budget priorities. If we were to remove this discretion from local authorities’ responsibilities, it would hugely increase the number of eligible children at a substantial cost to the taxpayer. Therefore, it is much more practical and helpful to allow local authorities to continue to make these important decisions locally, but they still need to make the right decisions locally.

Many authorities are doing some very good work, for example, by encouraging schools to collaborate with one another and to use some of their own resources to fund transport. For instance, many academies are collaborating with other stakeholders and providers to offer discretionary transport to their schools. Hertfordshire, for example, will save between £5 million and £6 million per annum as a result of schools doing that. From September 2012 onwards, that local authority has only provided statutory home-to-school transport. It wanted to build capacity locally to encourage schools, community groups and commercial operators to provide home-to-school transport, and from September 2013 onwards, 130 routes to schools have operated without a financial subsidy from the council. So creative ways to provide transport are being used by innovative local authorities around the country. I urge both Warwickshire County Council and Lancashire County Council to look at such examples and at Darlington Borough Council to see whether they can learn from them.

The Government recognise that rural areas face particular transport difficulties. Therefore, the Department for Transport has provided £7.6 million in funding for 37 schemes to deliver improved local transport in rural and isolated areas. That funding will provide the essential first step for local authorities to implement service integration. People living in those areas will be able to benefit from integrated public transport, and local authorities will work with schools, hospitals and other local organisations to deliver local services more efficiently and at lower cost.

In conclusion, I am grateful to my hon. Friend for raising these important issues on behalf of his constituents. A good local school within easy commuting reach is something that every parent has the right to expect for their child, and even as we continue to reduce the deficit, local authorities will continue to have a duty to provide school transport in many circumstances. And I share his view that discretionary services should be protected, wherever possible.