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Secondary education

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Original poster

Help! What are our legal rights wrt getting a 16yo to school? Local authority say it's not their problem

28 replies

PollyFilla · 08/09/2014 09:32

I hope someone can help.

My son is starting 6th form in a new school (same council though) and the council tell me there is no space on the school bus. Although it's only 10 miles away this creates a logistical nightmare as we both WOTH.

Public transport options mean a 1.5 hour journey or him on the way home and a 1 hr 15 minute journey for me every morning if I drop him off. Plus I have a younger child who needs to go to school in the opposite direction.

Do the Local Authority have to provide a way for him to get to school? I'm happy to pay but ATM they're saying there's no space.

Thanks in advance for any advice.

OP posts:
unweavedrainbow · 08/09/2014 09:45

Is there no bus there in the morning? AFAIK, the council only have to provide a way to get a child to the closest school they could get a place, rather than the most suitable, but I'm not sure how this would work for 6th form. What does the school say?

Bramshott · 08/09/2014 09:46

Round here free/organised transport runs out at the end of Y11. However, there are lots of buses which go to the local college and the students can get an (expensive) bus pass provided there's one which runs nearby.

Is the school bus council run or a public bus?

loudarts · 08/09/2014 09:46

It depends on your local council, ours takes no responsibility for children once they leave year 11, after that they have to use public transport.

PiratePanda · 08/09/2014 09:48

Bicycle? I'm not particularly fast and 10 miles would take me about 40 minutes. You could even get an electric bicycle, especially if your local terrain is hilly.

Otherwise he'll just have to put up with the long commute.

prh47bridge · 08/09/2014 09:50

Your son is no longer of compulsory school age so I'm afraid the LA does not have any legal responsibility to provide transport. Sorry.

OhYouBadBadKitten · 08/09/2014 09:52

It is rotten especially as they are expected to be in some sort of education or training.
Have you considered a moped for him? (scary thought)

AugustRose · 08/09/2014 09:53

Unfortunately if the council have said no then it is your responsibily.

We had a long fight because we moved our son (within the council area) at the start of year 10 and I still had to take him to school as they refused him a place on the bus. Luckily in 6th form there was a place but it costs 350 - he claimed a bursary to cover it. He still has a place on the bus this year but I know a lot of year 12s do not have a place around the whole county.

Sadly this a big problem, especially in less urban and rural areas as the council are legally obliged to provide transport but there is also a lack of public transport.

unweavedrainbow · 08/09/2014 09:54

if he was born after 1st September 1997, which if he is 16 he must have been, then he has to stay in school till 18. Therefore, he is of compulsory school age and so the council should provide something if they would if he was under 16. Making them realise this is another thing though.

OddBoots · 08/09/2014 10:00

Did they lead you to believe differently before now?

While he has to stay in education until 18 there is no obligation on the part of the LA to provide any kind of transport, students are expected to choose a place of education that they can get themselves to. This is why the scrapping of EMA was so unfair.

There is a bursary he may be entitled to if you have a very low income.

AugustRose · 08/09/2014 10:05

Hate to disappoint you unweave but it is not compuslory to stay in school until 18. Believe me I researched this thoroughly as we received no information for our son when he was leaving year 11 in June last year. They have to continue with some form of learning, that could be an apprenticeship, 6th form, or a company training scheme - the council have no responsibility (at present) once the student leaves year 11.

Original poster
PollyFilla · 08/09/2014 10:09

Thank you for your help everyone - the school website gives details of the 3 bus companies and there is a school bus (a council one) but they tell me it's full. We reckon it isn't btw but even if we proved it by the sounds of it they have no obligation towards ds anyway?

It's not the nearest 6th form (which is crapolla) but it's only 10 miles. Public transport is 1.5 hours.

OP posts:
OddBoots · 08/09/2014 10:19

It seems your best bet is asking about some kind of waiting list for the school bus. In the mean time it sounds like he's going to have a long commute. Does he get travel sick? If not then he will hopefully be able to get some study done during the journey.

Kez100 · 08/09/2014 11:13

We pay £500 - should be about £900 but it is subsidised by the council. Can use a provided College bus or public transport depending on which place the student is attending.

prh47bridge · 08/09/2014 11:23

Therefore, he is of compulsory school age

I'm afraid not. He is not required to stay in school. He is required to continue with some form of learning but it could be an apprenticeship or a job with training rather than school. Compulsory school age as defined in law has not changed so the LA is not legally required to provide transport.

tiggytape · 08/09/2014 12:49

This reply has been deleted

Message withdrawn at poster's request.

Kez100 · 08/09/2014 12:52

My son travel 1.5 hours each way a day plus a 20 minute walk to the bus home. However, it is 40 miles - does seem such a palaver for a 10 mile trip. Our 10 mile sixth form option take about half an hour on a public bus.

YakInAMac · 08/09/2014 21:47

It isn't the funding or cost that is the issue though, as the OP says she is happy to pay. It's that there is no space on the bus provided.
How do they allocate spaces in the bus? Is there a waiting list?
Are there other parents in your position and you could write and ask for an additional bus on your route?
It seems odd that they provide a bus and then say it isn't their problem.
How can people just go to the nearest sixth form? Not all do every subject, or are too selective etc.

RaspberryLemonPavlova · 09/09/2014 12:34

Sixth form students here are having this problem, the Council has removed the subsidy and reduced the places, thereby not leaving enough room for students willing to pay. It is a very rural area with one of the largest catchment areas in the country. One and a half hours travel is not unusual.

We are ten miles away but out of catchment and are 'lucky' in that we can continue to pay £750 for the school organised transport for out of catchment children. Are there others in your circumstances OP, could something be arranged between you?

FishWithABicycle · 09/09/2014 12:47

Could you ask around/advertise in a newsagents/register on liftshare.com and see if you can find someone who commutes by car between somewhere near where you live and somewhere near the college? You might be able to arrange that they give your DS a lift in exchange for petrol & parking money (any more than petrol & parking money would invalidate their insurance which will have a "not for hire or reward" stipulation but every little helps). It would mean hanging around till the end of the office day after the end of the school day but that will give him time to do homework etc.

choirmumoftwo · 09/09/2014 22:25

My DS has a 1hr 40min journey to school and back every day on public transport and has done since year 9. He gets quite a lot of homework done on the journey. Your son is old enough to be using public transport if there are no other options. It's a long day but he'll get used to it.

happygardening · 11/09/2014 07:56

We're also rural and my DS goes to our "local" 6th form college 12 miles away. We took the last place on the bus, there is now a waiting list. They've already put on a bigger bus than last year for my DS's route but apparently more children than before are attending the college. It seems the college has no obligation to provide transport.

happygardening · 11/09/2014 07:58

Meant to add can you find out from the college if others are in the same situation and organise a taxi into which all parents pay or split the school run with other parents.

lljkk · 11/09/2014 10:58

I live semi-rurally & 1.5 hours each way of independent travel does not seem very far to me if you want to have any choice.

You are out of catchment, I think? People out of catchment usually have to self-fund. I pay (annual) £300 for DS to go 9 miles south & £480 for DD to go 9 miles east, 1.5 hours for both. They're yrs 8 & 10.

DS is talking about cycling sometimes (lazy bones, I'll be amazed if he ever does!).

MillyMollyMama · 11/09/2014 12:28

9 miles is 1.5 hours each way? How? My youngest went 9 miles to school, from rural into a town, and it took 35 minutes in the morning due to traffic and 25 minutes coming home.

Also sometimes in the 6th form they can get into school later if early lessons are not scheduled. I expect the school bus is full with students who have been travelling there since year 7. Is it possible for you take him some of the way? I am rather surprised you did not know this position before he started at the school because the LA has no responsibility towards him. Could you or DH renegotiate your hours of work for 2 years to help him get to your choice of school?

Sidge · 11/09/2014 13:09

My DD1 is nearly 16 and just started Y11. She goes to school 9 miles away and has to get public transport, and has done since Y9 - she leaves home at 0715 to get to school on time and gets home at between 1630 and 1645.

It costs me £480 a year for the bus pass.

I get no help from the council despite being on a low income.

It sucks by the way, but they have no obligation to provide transport I believe.