Transport issue - any hope?

[perrinelli]

So we moved areas when dd was about to start year 1. The nearest schools were full so we got our third choice which is 4 miles away. I believed we would be entitled to help with transport (since we applied to the local school but didn't get in and the one we got was more than 2 miles away). Initially I didn't explore transport as wanted dd to settle in but now it would really help me so I applied.
We have been refused help with transport because according to admissions, the school she's at wasn't the 'nearest' one with a place. So I thought that sounded odd since in my mind the school they said was nearest is further away, and google maps agrees. So I asked them about this and they said admissions use straight line distances. Is it me or is that ridiculous?! The school we ended up at is closer in terms of driving distance and journey time but the other school is closer as the crow flies - totally irrelevant when you're talking about 4 miles surely? Never mind the fact that if we had gone to the school they say is closest we would have been entitled to a taxi and it would have cost them more because it's a longer journey time.

Not sure where to go with this next - their policy seems unfair but do I have any chance of winning an appeal? I will start by emailing the transport lady who has written to me but she says she doesn't have any discretion.

Hi there, yes from their point of view we didn't go to the "nearest" school (let's call it D) that had a place. Both are about 4 miles away but the one we went to (let's call it C) is closer by road but apparently further away 'as the crow flies'. We didn't exactly decline D as we put C as our third choice on the form (A and B are within 2 miles and both full). To be honest I didn't consider D at the time because mentally it is further away, I wouldn't have thought it was even closer as the crow flies but there you go!

What I can't get my head around is why straight line/ crow flies distance is relevant when talking about distances that you have to drive. There is a dual carriage way and country lanes/hills in the way.

Plus, it seems illogical as in hindsight if I wanted to be sure of transport I guess I would have only applied for A & B (knowing they were full) then waited for admissions to tell me the nearest school with a place. If I'd done that we would have ended up with transport funded to school D which would cost the council more than to school C which is what we want now (because the journey is further/takes longer).
Sorry, I'll stop now, I'm confusing myself!!

Driving distances and straight line distances are both completely irrelevant when looking at free transport. What matters is the shortest safe walking route. So if C is more than 3 miles away by the shortest safe walking route you are entitled to free transport unless there is a shorter walking route to D.

The relevant legislation is the Education Act 1996 as amended by the Education and Inspections Act 2006. In particular, schedule 35B of the 1996 Act (which was added by the 2006 Act) defines eligibility for school transport in terms of walking distance, which is defined by s444(5) of the 1996 Act as being "measured by the nearest available route". If this LA is using straight line distance to determine entitlement to free transport they are breaking the law.

I suggest you check the walking distance as that may be different to the distance by road depending on availability of footpaths. If school C is closest by foot contact the LA again and quote the legislation at them. If they still refuse ask them how you appeal against their decision.

Sorry - as your child is under 8 the distance for eligibility is two miles, not three. I forgot this thread is in Primary!

Thankyou both very much for your help.

Do you know if there is anywhere online I can check safe walking routes?

Part of our current driving route to school (C) is along a road which I think doesn't have a footpath all along but I'll check. But then there is definitely an 'off road' footpath. But then walking routes seem bit illogical too since no child could be expected to walk over 4 miles to school presumably.

Google will give you the shortest walking route - click on the little man at the top of the white box. It won't be as accurate as the system used by your LA and may not be the shortest safe route but it will be a good starting point.

Using walking distance is entirely logical. The law does not expect a child to walk over 4 miles to school. It simply takes the view that most children can reasonably be expected to walk up to 2 miles to school. It also says that if you choose to send your child to a school that far away when there were options closer to home you won't get any help with transport costs. That doesn't mean the child has to walk.

Tiggytape is right that if it is over 4 miles by straight line it must be more than that by the shortest walking route. The real question is whether school C or school D is closer by the shortest walking route. As school C is closer by road there is a good chance it is also closer on foot but this isn't guaranteed. There may be a footpath giving a shortcut to school D.

I think what it comes down to is that there were only 2 options available to us:
School C, say 4.1 miles away and
School D , say 3.9 miles away.

There's no doubt that there wasn't a school place within 2 miles of our home, that's not being disputed.
They're saying no help with transport because we chose school C over school D which is marginally closer (but definitely not closer by driving distance)
If I check walking distance & crow flies and they're right, where do you think it leaves me?

Sorry, cross posting!

Yes that is the question.
To school C there is a main road which I think doesn't have a pavement all the way and a cross country route that won't be lit. (We're quite rural).
I'll have to investigate D but I think it must be country lanes which presumably wouldn't count.

Forget about the straight line distance. It isn't relevant.

Whether or not country lanes count depends on whether it is safe to walk along them. But it sounds like you may be struggling to find a safe walking route to either school.

I think the problem is that you put this school down as one of your preferences and you were given it. If the authority had not been able to give you any of your preferences and had allocated a school more than 2 walking miles away then you would be eligible for free transport.

She is still eligible for free transport if there is no school nearer than the ones she named as choices. You don't lose entitlement to free transport just because you named the school as one of your preferences. You only lose entitlement if you put it ahead of nearer schools.

As prh47 says the fact I put c as a preference doesn't come into it (although if I hadn't I guess I would have just waited to see what was offered)
I've had a look at the detailed policy online (Hampshire) and It clearly says that if the catchment/nearest school is full transport will be offered to the next nearest school with a place. Doesn't say anywhere though how they define nearest. I think the distances involved are so close - literally 0.1 of a mile (which is nearest even varies depending what app I use) - that it's tricky!

I'm also frustrated as if I'd known more about the transport situation when we were applying it may have affected our decision - though we probably still would have gone for school C as the journey is quicker.

I wonder as it's such a close call as to whether or not the school we're at was the nearest with a place, if I might have a chance at appeal?

Our local council seem to be disowning responsibility if you are not going to the nearest (as the crow flies) school you could have got into if you applied. It's only if you pass that criterion that they start applying the rules about how many miles it is walking to see if you qualify. Does the legislation explicitly say that "nearer qualifying school" is measured by walking distance? I can't see that tho seems heavily implied.

Not saying it's right but that seems to be how they're doing it here. Makes it into a complete guessing game if you're not in a position to get into your local schools. You have to guess which of the many more distant schools you might get a place in this year and if you guess wrong and the school's then full of people who chose it then bang there goes your free transport too.

The only reasoning I can think is it would be odd if for some people the school they have priority to get into (nearest as crow flies) is the school they wouldn't get transport to (shortest walking distance).

Your LA is in the wrong. The legislation says a child qualifies if:

• he is of compulsory school age and is a registered pupil at a qualifying school which is not within walking distance of his home,

• no suitable arrangements have been made by the local education authority for boarding accommodation for him at or near the school, and

• no suitable arrangements have been made by the local education authority for enabling him to become a registered pupil at a qualifying school nearer to his home.

Whilst the phrase "nearer to his home" in the final bullet does not specify walking distance it is clear from the context that this is what is meant and this is how it has consistently been interpreted by the authorities.

This is not a guessing game. The problem here is that Hampshire's Home to School Transport Policy fails to specify what it means by "next nearest school" and whoever is dealing with your case doesn't seem to understand the appropriate approach.

I suggest you refer the matter to the Children's Services Department's Client Officer who is supposed to deal with exceptions to the policy. If that fails lodge a formal complaint with Hampshire. If that also fails refer the matter to the Local Government Ombudsman.

Sorry - my last post was for the OP.

catkind - If you have applied for your nearest school and the LA allocate you a school that is not on your preference list which is more than the walking distance away you are entitled to free transport. You don't have to guess which of the more distant schools might offer you a place.

We got "lucky" and wouldn't have got into any of the nearer schools, but that's definitely what the man from the council said to me ph47bridge. If there was a nearer school which we would have got into if we had applied to it. I'd love to know if anyone was caught up in that one and challenged it, the phrasing in the legislation you quote is what I'd found too and doesn't really seem to pin it down.

Good luck OP! You should definitely appeal this daftness.

Just a quick update in case others find themselves in the same position - I appealed the decision to refuse help with transport on the basis I believed the school dd goes to sad the closest with a place, and that even if they maintained the other school was closer, the difference between the distances involved was very marginal and there were sound reasons for us choosing the school we did eg. Easier/quicker journey and backup public transport.

I got a letter through today that help with transport has been agreed given the 'exceptional circumstances of this case'. So that's good news for us. I've opted for a taxi in the morning and petrol money for me to do the pickups.