Appealing a home-to-school transport decision

Step by step

1. Decide whether this is an appeal or a service problem

   Both councils say you can challenge a decision about eligibility, how the distance was measured, the safety of the route, or the transport arrangements offered. IPSEA says problems like a late school bus, or a delay in replying to your letters, are usually handled as complaints. North Northamptonshire says its School Travel team has a Contract Team for late arrivals and no shows, and a Compliance Team for safeguarding matters and the conduct of drivers and passenger assistants. If transport was withdrawn because of a child's behaviour, North Northamptonshire says not to use the appeal process. Its compliance team deals with that directly with you. West Northamptonshire says there is no moral right to challenge a removal for unacceptable behaviour.

2. Get the decision and the policy

   Keep the written decision. Write to the council's home to school transport team and ask for its transport policy and appeal procedure. IPSEA says the council must publish these. Ask the council to explain how it made the decision, for example how the distance was measured and which school it treated as the nearest suitable school. North Northamptonshire says you are appealing the decision about your application. You are not appealing the transport policy itself.

3. Stage 1: ask for a review within 20 working days

   Both councils say you have 20 working days from receiving the transport decision to ask for a review. Say why the decision should be looked at again. Give your child's personal and family circumstances. Attach any evidence you have. Both councils say a Senior Officer from Northamptonshire Highways will send you a letter with the outcome within 20 working days of getting your written request. The letter will say how the review was done, what was considered and why the decision was reached. Check the council's appeals page for how to send your request.

4. Stage 2: ask for an appeal within 20 working days

   If you are not happy, both councils say you have 20 working days from receiving the council's decision to ask to take the matter to appeal. Check the date on your Stage 1 letter. They say an independent appeal panel will be convened within 40 working days. The panel is a councillor, an assistant director or their representative, a senior transport officer and a clerk. None of them will have been involved in the first decision. You will be invited to attend the hearing and present your case. The panel will consider spoken and written points from you and from the officers. If you need communication support or another adjustment to take part, ask the council in advance.

5. Build evidence around the decision you disagree with

   The councils ask you to explain why the decision should change and to give personal and family circumstances. You could include letters from health or specialist professionals, your child's EHC plan if they have one, a map or photos of the route, and a short note of how the journey affects your child. Link each piece of evidence to the exact point you are disputing.

6. Check whether a school-placement dispute is linked

   IPSEA says the SEND Tribunal cannot make orders about transport eligibility or whether transport arrangements are suitable. Those go through the council's complaint or appeal route. IPSEA also says that for children with an EHC plan, transport cost can matter in an appeal about the school named in Section I. If your transport problem is tied to which school is named in the plan, get advice from your local SENDIASS or IPSEA as soon as you can.

7. After the council appeal

   At the end of Stage 2, the council should tell you that you can complain to the Local Government and Social Care Ombudsman. IPSEA says you may be able to complain if the council did not follow the rules of the appeal, or if there were other problems in how the appeal was handled or decided. If the matter is urgent and serious and a complaint or appeal would take too long, IPSEA says to get advice from a solicitor about judicial review.