School transport if you don't get a place at your nearest school

[drspouse]

Apparently you only get a free bus place if your nearest school, which you go to, is more than 3 miles away (or 2 for infants).
So if your nearest school has no spaces, and you end up in one 5 miles away, you have to pay for transport.

I'm asking because a friend brought this up who lives in a different county - they have been catchment-area-ed out of their nearest school and now their DC will only get a place at the much further secondary school.
But I've since discovered this is true in our county too, according to their transport policy.
Can this be right? Is there anything my friend can do?
Their bus passes are £100 a year.
In our area, the nearest secondary school is a faith school and I don't think we'd want our DC to go there - so we might end up with a school much further away on grounds of space/eligibility (though I actually think it's probably over 2 miles but not over 3 miles).

I understand this if you choose to put down a distant school but it seems very wrong if you have no choice!

no I don't think that's right - if you get put at a school further than two miles away which you didn't choose you should get transport. but I'm sure those more knowledgeable than me will be along soon.

No, that is wrong. If you fail to get a place at your local school and are allocated a school that is further away the LA must provide free transport if that school is more than the statutory walking distance from home. The nearest school could be next door to home but that doesn't matter. If you don't get a place there and they allocate a place at a school 5 miles away they must give you free transport. That is the law.

If your friend is being told otherwise she should refer her council to Schedule 8 of the Education and Inspections Act 2006 and the "Home to school travel and transport guidance" issued by the DfE in July 2014.

Unfortunately the guidance seems to agree with both my and her LA's policy:

The statutory duty is:

To provide free transport for all pupils of compulsory school age (5-16) if their
nearest suitable school is:
 Beyond 2 miles (if below the age of 8) or
 Beyond 3 miles (if aged between 8 and 16)

I'm not quite sure if that means:
If your nearest suitable school is over 3 miles away (but you choose or get into one even further away) they must provide you with free transport
OR
If your nearest suitable school is over 3 miles away and you go to that school then they must provide you with free transport.

It seems to imply the former (so, if your nearest school is

Read footnote 9 on that page. Nearest suitable school means "the nearest qualifying school with places available that provides education appropriate to the age, ability and aptitude of the child, and any SEN that the child may have". So if your nearest school does not have places available it is not the nearest suitable school. If the nearest school with places available is 5 miles away that is the nearest suitable school regardless of how many schools there are nearer to home.

The law is clear. If the nearest school with places available is more than the statutory walking distance from home you are entitled to free transport.

I do know what I'm talking about.

Aha! forgot to read the footnote. Thanks!

The only issue that could arrive is if the nearest school doesn't have places but you put as 2nd choice one 5 miles away whereas there is also another one 4 miles away then they might say you are choosing not to go to the nearest suitable school.