Free School Transport: Who Qualifies in England (2026)

Free home to school transport is a legal duty, not a favour, and the rules are more precise than most council letters suggest. Here is who qualifies, with the paragraph of the law each answer comes from.

Who qualifies for free school transport in England?

A child of compulsory school age is an “eligible child”, and the council must arrange free travel, if they fall within one of the groups in Schedule 35B to the Education Act 1996 (section 508B). In short, a child who attends their nearest suitable school and:

• lives beyond the statutory walking distance from it (paragraph 6), or
• cannot reasonably be expected to walk to it because of special educational needs, a disability or mobility problems (paragraph 2), or
• cannot reasonably be expected to walk to it because of the nature of the route, meaning it is not safe to walk even with an adult (paragraph 4), or
• qualifies under the extended rights for low-income families (paragraphs 9 to 12).

For an eligible child the council must arrange the travel free of charge.

What is the walking distance for free school transport?

2 miles for a child under 8, and 3 miles for a child aged 8 or over, measured by the nearest available route (section 444(5) of the Education Act 1996). The nearest available route is a route a child can walk with an adult in reasonable safety, which can include footpaths and bridleways, so it is often shorter than the driving distance.

Does the school have to be the nearest school?

Usually, yes. The general rule is that the duty applies where the child attends their nearest suitable school, or where the council has not made arrangements for a place at a suitable school nearer home (Schedule 35B, paragraphs 2, 4 and 6). If you choose a school further away when a nearer suitable school had a place, the council does not have to provide transport, though it may choose to. The exceptions are the extended rights for low-income families below.

Can a child with SEND get free school transport?

Yes, and distance does not have to be the reason. A child with special educational needs, a disability or a mobility problem is eligible if, because of those needs, they cannot reasonably be expected to walk to their nearest suitable school, even if it is within walking distance (Schedule 35B, paragraph 2). The DfE guidance says this is judged on whether the child could walk it accompanied by a parent. For a child with an EHC plan, an independent school counts as a qualifying school if it is the only school named in the plan, or the nearer of the schools named (paragraph 15(3)). The council’s SEND and transport teams are expected to consider travel when deciding which school to name.

What if the walk to school is unsafe?

If a child cannot reasonably be expected to walk to their nearest suitable school because of the nature of the route, they are eligible even within walking distance (Schedule 35B, paragraph 4). The test is whether the route is safe to walk with a parent or other adult, so a busy road with no pavement can make a short route ineligible for walking.

What are extended rights to free school transport?

Extra entitlement for children from low-income families (Schedule 35B, paragraphs 9 to 12):

• Aged 8 to 10: free transport to the nearest suitable school if it is more than 2 miles away (paragraph 9).
• Aged 11 to 16: free transport to one of the three nearest suitable schools, if it is more than 2 miles but not more than 6 miles away (paragraph 11).
• Aged 11 to 16, faith or belief: free transport to the nearest suitable school chosen on grounds of religion or belief, if it is more than 2 but not more than 15 miles away (paragraph 12).

The low-income test is eligibility for free school meals under section 512ZB(4) of the Education Act 1996 (paragraph 14). In practice that is a family on Universal Credit with annual earnings of £7,400 or less.

Does the free school meals expansion mean free school transport?

No. Since September 2026 every child in a Universal Credit household at a state school in England can get free school meals, under a new section 512ZB(4D). But the extended transport rights are tied to section 512ZB(4), the original means-tested group, and the DfE’s May 2026 travel guidance confirms that extended rights “continue to be based on eligibility for targeted FSM”, meaning Universal Credit with earnings of £7,400 or less. A family who qualifies for meals only under the expansion does not gain extended transport rights from it. See who qualifies for free school meals.

Can the council refuse free school transport?

For an eligible child, no: section 508B is a duty, and the arrangements must be free. For a child who is not eligible, the council has a discretionary power to arrange travel or help with travel costs (section 508C), but it does not have to. Check your council’s school travel policy, which must set out any discretionary arrangements.

How do I appeal a school transport decision?

The DfE guidance sets a two-stage review. Stage one: you have 20 working days from receiving the decision to ask in writing for a review by a senior officer. Stage two: you have 20 working days from the stage one outcome to escalate to an independent appeal panel. Put the facts the law turns on in writing: the walking route and its distance, your child’s needs and why they cannot walk it, why the route is unsafe, or your free school meals eligibility. After stage two, a complaint can go to the Local Government and Social Care Ombudsman.

What if the council doesn’t arrange transport for an eligible child?

Your child’s absence for that reason is not your fault. Where the council has a legal duty to arrange home to school travel and has not done so, the school records the absence as code Q, which is “not a possible attendance” and does not count against your child or towards a fine. See every attendance code explained.

Does a home educated child get free school transport?

No. The duty is for children who are registered at a qualifying school, or who are receiving education the council has arranged under section 19 because they cannot attend school. A home educated child is neither.

Figures and rules on this page are for England. Wales, Scotland and Northern Ireland have their own school transport laws.