Legal definitions for terms in this policy
Qualifying School
Qualifying schools are relevant educational establishments where a pupil is receiving education by virtue of arrangements made under section 19(1) of the Education Act 1996. These are;
- Community, controlled, trust, foundation or voluntary schools;
- Community or foundation or Academy special schools;
- Non-maintained special schools;
- Pupil referral units;
- Maintained nursery schools;
- Academies;
- Studio Schools and University Technical Colleges (UTC):
- For children with a special educational need , an independent School can also be a qualifying school where it is named on the child’s EHCP (Education Health Care Plans) or is the nearest of two schools named.
Definition of ‘Statutory walking distances'
This is two miles for children under eight, and three miles for those over eight (Section 444(5) of the Education Act 1996).
Definition of ‘Distance from home to school’
Distance will be measured by the shortest walking route from the main entrance of the child’s permanent home address (including flats and apartments) to the main entrance of the school using Google maps. The road networks used to calculate distance are subject to change.
Measurements using other geographical systems such as Multimap, AA or RAC will not be accepted.
The Local Authority reserves the right to change the geographical measuring system at any time.
Definition of ‘Home Address’
This is defined as the permanent home address of the parent/carer. If parents/carers live at different addresses and both have parental responsibility, the address of the person claiming Child Benefit will be used to determine the child’s permanent address.
However, the Council will take into consideration 50/50 childcare arrangements and set childcare / custody arrangements can be accommodated within the current system. The offer of direct payments will form a firmer basis for children to continue to travel where this situation exists.
Parents/carers may be required to provide proof of residence in the form of a recent council tax bill, a utility bill, a tenancy agreement or exchange of contracts on a new home. Journeys between the home address and the designated drop-off point may not be varied - for example, to a different drop-off point without the express permission of the council.
There are children for whom the council may provide transport to and from school outside this definition, according to their individual circumstances. Examples of this could be children who attend overnight short break provision on a regular basis. This does not extend to situations where families may choose alternative pick up and drop off points.
Definition of Disability for transport support
Disability is as defined in Section 6 of The Equality Act 2010 as: a person has a disability if they have (a) physical or mental impairment, and (b) that impairment has a substantial long-term effect on their ability to carry out normal day-to-day activities. Therefore a chronic health condition may lead to eligibility under this definition.