Home to school travel
Main text
Legislation
Checklist
Best practice
Further information
Last updated: 6 September 2006
The DCSF, in partnership with the Department for Transport, Local Government and the Regions (DFT) and the Department of Health, is encouraging safe, healthy and sustainable school travel. This is an initiative whereby schools and LAs work with the local community and transport planners to find ways of making the environment safer so that children and their parents will be encouraged to use alternative modes of transport to the car. The emphasis is on modes that are safe, with the aim being to increase the level of walking and cycling and, where these are not feasible, to encourage greater use of public transport and car-sharing.
Cycling for the school journey/sustainable transport to school
The Government is keen to encourage walking and cycling for the school
journey, to promote healthy lifestyles and to reduce the dangers of traffic
congestion at the start and end of the school day. The Department is
aware that some schools discourage cycling because of concerns about their
legal liability and, although most children own bicycles, less than five per
cent use them for the school journey.
The Department therefore thought it would be helpful to offer legal advice on the extent of schools' liability, so that they might feel more confident about encouraging cycling as a mode of travel.
Cycle training for children
Bikeability, a new cycling proficiency, marks a complete makeover of
cycle training for children. The training is designed to give children the
skills and confidence to ride their bikes on today's roads.
Bikeability will initially be trialled with 3000 children across England in
order to gear up for a national roll out of the scheme from spring 2007.
To get a the award, children will be instructed on how to ride their bikes to the Government-approved national standard for cycle training, which sets out the training and skills essential for making cycling trips in today's road conditions.
To find out how the initial six month trial progresses see the Bikeability website, which has an FAQ section for schools, local authorities and school sports partnerships.
Liability for bicycles on school premises
Schools are not liable for property brought onto their premises, and
are therefore not liable for pupils' bicycles being stolen or damaged by a
third party. Schools should however make this clear to parents.
Schools that provide storage facilities could, however, be said to have
assumed responsibility for the safety of the bikes while on the premises and
might be liable for damage or theft of a bike if the parent could prove that
the school (or its employees) were negligent. In these circumstances, a
school can avoid this liability by making clear to parents, preferably on the
storage facility itself, that it is not responsible for the safety of
pupils' bicycles while they are being stored.
Pupil safety on the school journey
Schools are only responsible for safety on the school journey where
they have specifically arranged transport. Where that is the case, schools do
need to consider whether extra insurance is necessary, for example, for
walking/cycling bus supervisors. Contact the local authority insurance
department for further advice. Where additional insurance is required that
may be available through the authority's own policy.
You may also wish to note that schools cannot legally prohibit cycling for the school journey, but they are entitled to prohibit bikes from being brought onto the school grounds.
Promoting sustainable transport to school
The Government has introduced a number of initiative:
- Local Transport Plans, together with additional capital funding, will lead
to a significant increase in the development of safer routes by local
authorities; it is important that the local infrastructure between a
child's home and school supports safe cycling. Further information can be
obtained from your local authority.
- Guidance on A Safer Journey to School — DCSF and Department for
Transport (DFT) recently published guidance for schools and local authorities
on the measures that can be taken to support safer routes to school.
- Mapping software, produced by MapIT, allows pupils to explore, record and
analyse the issues around safer, healthier more sustainable routes to
school. The software comes complete with a manual, which allows teachers
to use it as a curriculum resource. For instance, in geography, the
software will help fulfil National Curriculum expectations that students should
work with computer-generated digital map data (contact Doug Cross, Tel: 01487
813745).
- Journey-Sharing Software — Green to School, has been developed by Intrinsica Networks
Limited. The database allows schools to identify parents
prepared to share the car journey to school, and parents who are willing to
escort children to school on foot (walking bus), by bicycle or on public
transport. The software brings a degree of organisation to arrangements
which already exist between parents as well as the security needed to encourage
others to take part in such arrangements (contact: Nick Gibson or Rebecca
Pain, Tel: 01438 748212). LEAs and schools can purchase either or both of these
school travel software packages by contacting the developers as detailed
above.
- School Travel Plan Coordinators — as a result of specific Government funding, many local authorities employ co-ordinators specifically to assist schools with drawing up and implementing school travel plans.
The education sector, as a significant consumer of road and pedestrian networks, has a key role to play in helping the Government achieve its objective to promote safer routes to school.
LAs transport duties and powers
The provision of home to school transport is a function of LAs who
must provide free transport if they consider it necessary to enable a pupil to
attend school. LAs may also help other pupils with their fares.
LAs have considerable scope to decide when free LA-provided transport is necessary. They must consider each pupils case on its merits, taking account of all relevant factors. These include, specifically:
- age
- the nature of possible routes to school
- a parents wish for a pupil to attend a school of the religion or denomination to which the parent adheres
- LAs must publish annually their policy on free and assisted transport
Free transport for pupils
Free transport is always necessary for a pupil of compulsory school
age (i.e. five to 16 years of age) who attends the nearest suitable school
if it is beyond statutory walking distance. This is measured by the shortest
route along which a child, accompanied as necessary, may walk with reasonable
safety. Free transport might exceptionally be necessary for a 5 to 16 year old
who lives within walking distance of school or who does not attend the nearest
suitable school — it is for an LA to consider such a case on its
merits.
However, the courts have held that LAs do not have a duty to provide free transport for pupils whose parents have chosen to send them to a school other than the nearest suitable one, even if it is beyond statutory walking distance. LAs may help in such cases if they wish, but it is for each authority to decide whether or not to do so.
Assisted transport
In a case where a pupil does not qualify for free transport, LAs may
help by paying all or part of the pupils travelling expenses. They may take
account of parental means in deciding whether or not to do so. However, it is
for each authority to decide whether and how to exercise these powers.
Additionally, LAs may arrange to carry pupils at a charge (which they can waive) in spare seats on school buses which they organise to carry pupils entitled to free transport. LAs outside London may also establish schemes whereby pupils can travel on public transport at concessionary rates.
Main text
Legislation
Checklist
Best practice
Further information
