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• 14 Feb 2022

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  For a CYP with a EHCP, transport would generally not be SEP. Overall, see COP2015 #9.214-217.

  It remains the case that home to school transport is generally non-educational and cannot be categorised as SEP: Staffordshire CC v JM [2016] UKUT 246 (AAC) #24, 27. It should generally be in EHCP Section D and not F: Regs2014 r43, Staffordshire CC v JM [2016] UKUT 246 (AAC) #32, 32.

  However, the FTT does retain jurisdiction over it if, on the facts of a particular case, it does constitute special educational provision: AA v LBH [2017] UKUT 0241 (AAC) #11. 

  The question is whether the provision “would educate or train so as to bring it within what is authorised by the 2014 Act”; “It is for the appellant to make the case that the transport fulfils some educational or training function or for the FTT to consider this pursuant to its inquisitorial or quasi-inquisitorial function”: Birmingham CC v KF [2018] UKUT 261 (AAC)#19. COP2015 #9.215: “Transport should be recorded in the EHC plan only in exceptional cases where the child has particular transport needs”.

  Go to Glossary

  

  Noddy 'no-nonsense' Guide
  Authors: David Wolfe QC, Leon Glenister

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