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School Transport

It is a pleasure to lead today's debate under your chairmanship, Mr Sheridan. After my question to the Minister in November on school transport, I am sure that he was not entirely surprised to see my name associated with the topic today, and I am pleased that he is here to answer this afternoon's debate. If all politics is local, nowhere does that seem to be more true than on the vexed issue of home-to-school transport. My interest in school transport policy arises from the decision of Leicestershire county council on the provision of a bus service to take pupils from the village of Sileby to Humphrey Perkins school in Barrow upon Soar in my constituency. A smaller number of families in Mountsorrel are also affected, but I will particularly focus on Sileby today. The objection in my case arises from the council's view that the proposed walking route from Sileby to Barrow is safe and the strongly held view of almost everyone else that it is not. Before I dwell on local matters, I feel duty bound to explore why the Minister and the Department for Education should have an interest in the subject despite the fact that the assessment of walking routes and decisions about the provision of home-to-school transport and on appeals made by affected families are all matters for local authorities. I firmly believe in localism and that local authorities and elected local members should make decisions about school transport routes—as long as they are made fairly and transparently. National legislation, namely the Education Act 1996, as amended, governs the duties and powers of local authorities in England to provide home-to-school transport. In addition, case law on school transport and ““Home to School Travel and Transport Guidance””, published by the then Department for Education and Skills in 2007, contains detailed guidance on the provision of school transport. In March 2011, the Department for Education commissioned a review of efficiency and practice in the procurement, planning and provision of school transport across England. Section 509 of the 1996 Act states:"““A local education authority shall make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purpose of facilitating the attendance of persons not of sixth form age receiving education…at schools””." The 1986 case of Rogers v. Essex County Council was one of the most significant brought in recent years on available walking routes. In its ruling, the House of Lords stated that for a route to be available within the meaning of the 1996 Act, it must be a route"““along which a child accompanied as necessary can walk and walk with reasonable safety to school””." A route does not fail to qualify as ““available”” because of dangers that would arise if the child remained unaccompanied, but the Court also held that a route is available even if the child would need to be accompanied along the route, as long as it is reasonably practicable for the child to be accompanied. Local education authorities can therefore take into account parents' capacity to accompany their child. Following that judgment, the law was changed so that in considering whether local education authority is required to make arrangements in relation to a particular pupil, it shall have regard to, among other things, the age of the pupil and the nature of the route or alternative routes that they could reasonably be expected to take. Hon. Members must forgive me, because I am afraid that I am showing my background as a lawyer, but the history is helpful. In George v. Devon county council 1988, the High Court took the view that"““For an ordinary child whose home is within walking distance, but who applies under””" the relevant section"““a local education authority should consider: the age of the child and the nature of the route which he could reasonably be expected to take; the question should the child be accompanied on the route or alternative routes? If the answer is 'no', then normally there””" is"““no case for free transport. If the answer is 'yes', then””" the next question is"““whether the nature of the route or alternative routes is dangerous for the child if accompanied. If the answer is 'yes', then normally there would be a case for free transport. If the answer is 'no', then: the question””" is"““whether it is reasonably practicable for the child to be accompanied. If the answer is 'no', then normally there would be a case for free transport.””" Consequently, local education authorities must consider section 509, together with the various legal rulings, in defining their policies on the provision of school transport and the eligibility of individual pupils for free transport. Pupils, parents and families are encouraged to turn to the Directgov website for views on national policy. It states on its home-to-school transport page that"““Safe walking routes are those which usually include road crossings, good lighting and well maintained pavements and footpaths. LAs are required to assess the suitability of walking routes.””" Having set out the national policy background, I will turn to my local issue. Leicestershire county council stated its view on the Directgov approach in a letter to me dated 20 July 2011 from the assistant director of transport:"““'Safe' is a very absolute term and it is not possible to guarantee that anything is absolutely safe, so it is an unreasonable stipulation. The law requires that a walking route be 'available' for a child accompanied as necessary by a responsible adult and it is this criterion that we apply.””" As I have mentioned, however, a route also has to be reasonably safe, and therefore the dangers of a particular route should be taken into account. In February 2011, a Leicestershire county council scrutiny review panel reported to the council's cabinet on the council's home-to-school transport policy. The panel was asked to consider, first, how available walking routes are assessed and the appropriateness of the current method of assessment, and, secondly, what are known in Leicestershire as ““historic exceptions”” and whether such services are still justified. Historic exceptions are bus services provided free to children despite the route length being under the statutory distance and despite a route having subsequently been assessed as available for children to walk. Children using services on those historic exception routes will continue to receive free transport until September 2012. The Sileby to Barrow route is not an historic exception.