Travel Assistance Appeals and Complaints

Appealing a Transport Decision

If the local authority (LA) refuses transport or offers something unsuitable, you can appeal.

Understanding Your Rights

Each LA has a transport appeals process, usually explained in its Local Offer. Most follow a 2-stage process:

• Stage 1: Review by a senior officer
• Stage 2: Independent appeal panel

You have the right to challenge decisions on:

• Whether your child qualifies
• If the transport offered meets their needs

Appeal or Complaint? 

Situation	What to Do
The council says your child isn't eligible	Appeal
The transport isn't suitable	Appeal
Buses are late or communication is poor	Complaint

What Is “Suitable Transport”?

The transport must allow your child to:

• Travel without undue stress or fatigue
• Arrive safely and on time
• Have support, if needed (e.g. an escort or wheelchair-accessible vehicle)

Transport and EHC Plans

Transport is not usually listed as special educational provision unless:

• It’s essential for your child to access education
• It’s part of what’s in Section F (e.g. travel training)
• You’re appealing the school named in Section I, and transport affects that choice

If the LA says you must arrange transport yourself in order to attend your preferred school, that decision may be appealable.

The Appeals Process

Step	What to do?
Stage 1	Write to the LA with your reasons and supporting evidence (e.g. medical letters, EHCP sections). Response usually due within 20 working days.
Stage 2	If you’re not satisfied, request a hearing with an independent appeal panel. They will review the decision fairly.

Further Steps If the process was unfair or you weren’t treated properly, complain to the Local Government and Social Care Ombudsman (LGSCO). In very rare cases, you may need legal advice.

Tips for a Strong Appeal

• Gather clear evidence: medical reports, EHCP sections, or letters from professionals
• Be specific about why current arrangements don’t meet your child’s needs
• Keep records of all correspondence and response times

How RIASS Can Support You

We offer free, confidential, and impartial advice on:

• Understanding transport policies
• Deciding whether your child qualifies
• Writing strong appeal letters
• Getting help with evidence and deadlines
• Navigating complaints or Ombudsman referrals

Summary Table – Age and Entitlement Overview

Age Group	What to Expect
Under 5	No automatic right – LA may help based on need
Ages 5-16	Free transport must be provided if eligible
Ages 16-19	No automatic right – council must publish a policy and support SEND learners
Ages 19+	LA must provide free transport if necessary to access education