HC Deb 11 March 1999 vol 327 cc369-70W
Mr. Edwards

To ask the Secretary of State for Wales (1) if he will list the statutory provisions which apply to the provision by local authorities of free school transport; [54016]

(2) what guidance his Department gives to local authorities on what constitutes an unsafe route for the purpose of providing free school transport. [74952]

Mr. Hain

Authorities are obliged under section 509(1) and (2) of the Education Act 1996 to make such arrangements for the provision of free transport as they consider necessary for the purpose of facilitating school attendance.

Parents have a defence under section 444 of the 1996 Act for not securing the regular attendance at school of children of compulsory school age if they live more than 2 miles from the nearest school (children under 8 years of age) or 3 miles away (older pupils) and the authority has made no suitable arrangements for the provision of free school transport.

The Courts have therefore ruled that free school transport should always be considered necessary under section 509(a) if children live more than 2 or 3 miles, as appropriate, from the nearest school. In other circumstances the need for free school transport has to be decided by local authorities in the light of local conditions and priorities.

When considering whether free school transport is necessary, authorities must, among other things, have regard, by virtue of section 509(4) of the 1996 Act, to the nature of the route, or alternative routes, that a child could reasonably be expected to take. Authorities should also have regard under section 509(4) to the age of the child and any parental wish for denominational education.

Whether or not a route is safe in the context of the provision of free school transport is a matter for authorities to decide. However, Welsh Office Circular 19/95, "Home To School Transport", points out that the Courts have held that a route to school is available if a child, accompanied as necessary, can walk along it with reasonable safety. A copy of the circular is in the Library of the House.

Local education authorities also have a power under section 509(3) of the 1996 Act to help with school transport costs in circumstances where they do not consider the provision of free school transport under 509(1) necessary.

Following the transfer of functions, this issue will be a matter for the National Assembly.