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• 14 Feb 2022

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  Yes. Where transport costs impact on the cost balance (whether under CFA2014s39/s40 or under EA1996 section 9) the FTT will have to properly evaluate the costs involved – see W v LB Hillingdon [2005] EWHC 1580#26. This includes deciding what would be needed by way of suitable transport. 

  MM & DM v Harrow [2010] UKUT 395 (AAC) #27-28: “Transport is not an educational need. However, it has to be taken into account. A placement cannot be appropriate if the authority cannot provide suitable transport to the school. ...On appeal, the First-tier Tribunal is not concerned with whether the authority’s proposed arrangements were within the range of reasonableness; it had to decide whether or not they were suitable. I also accept that stress, safety and comfort are not necessarily the only factors that might make a journey unsuitable.”

  An EHCP can name a school in section I on the basis of parental preference and subject to an expressed agreement by parents to transport the child to school without the statement identifying a particular fall-back to which the LA would send the child if the parents ceased to transport: M v Sutton [2007] EWCA Civ 1205#20.

  Go to Glossary

  

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

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