Question to the Department for Education:

To ask the Secretary of State for Education, whether her Department has made an assessment of the potential merits of amending statutory guidance on home to school transport so that local authorities are required to consider providing free or subsidised transport from more than one parental address in cases of formally agreed 50/50 shared custody.

The Education Act 1996 requires local authorities to arrange free home-to-school travel for eligible children of compulsory school age, 5 to 16. The department publishes statutory guidance to help them fulfil this duty. Neither the guidance, nor the law, expects local authorities to provide an eligible child with free travel to and from more than one address. It would not be reasonable for them to do this in every case.

The guidance does however stipulate that local authorities should make clear in their school travel policies how they will determine a child’s home address for the purposes of assessing their eligibility for travel, including in circumstances where their parents do not live together and the child spends part of the week with each parent.

There are no plans to change this, but local authorities do have a discretionary power to arrange travel for other children and may use this to arrange travel to and from more than one address if they choose to do so.