URL: https://democratic.bracknell-forest.gov.uk/ieDecisionDetails.aspx?ID=4363

Decision Maker: Cabinet Member for Children, Young People and Health

Outcome:

Is Key Decision?: Yes

Is Callable In?: Yes

Purpose: To approve the Education Transport Policy for Bracknell Forest children aged 5 to 16 2027/28

Content: RESOLVED That the Cabinet Member: Children Health and Young People approve the 2027/2028 Education Transport Policy for Bracknell Forest Children aged 5 – 16 so that it can be published by the 19th September 2026 on the Bracknell Forest Council website as mandated by the Education Act 1996. The following changes are approved:   ·       To remove the term ‘designated area school’ wording from BFC policy. Under statutory Education Transport guidance, local authorities are required to provide free transport only to a young person’s nearest suitable school where the distance is over three miles, or where there is no safe walking route available. Where a suitable school is available within three miles of the pupil’s home, transport assistance is not normally required under statutory guidance. The Council’s current education transport policy refers to a “designated area school” when determining eligibility. This has resulted in free transport being provided to pupils primarily attending The Charters School, despite the availability of nearer suitable schools. As a result, the Council is currently providing transport assistance in circumstances where there is no statutory requirement to do so. It is recommended that this change will apply to new Year 7 students starting at Charters school in September 2027 only (students already in receipt of free bus passes would continue to receive free bus passes until they finish Year 11).   ·       Inclusion of text relating to an initial pilot of Personal Transport Budgets to explore opportunities to achieve cost efficiencies while a longer-term, fully costed proposal is developed. The pilot will initially focus on eligible children and young people currently receiving high-cost, single-user taxi transport. The outcomes of the pilot will be evaluated to inform the development and agreement of a longer-term approach.   To ensure compliance with statutory requirements to annually publish education transport policy for children aged 5 to 16. The Education Transport Policy for BFC children aged 5 to 16 sets out the Council’s responsibilities and commitment to meeting the education transport needs of eligible children and young people (including those with special educational needs and disabilities) who are of compulsory school age (5-16), and resident in Bracknell Forest.   The proposed removal of designated area school wording in BFC policy to comply with statutory guidance has been through a full consultation exercise and discussed with key stakeholders, including the Parent Carer Forum, BFC Headteachers, and BFC parent carers.   The publication of 2027/28 policies by 19th September 2026 will align with Bracknell Forest School Admissions timelines, meaning when Parent Carers apply for school places, they will be fully aware of the relevant Education Transport policies for the upcoming academic year.   The withdrawal of free bus passes for new Year 7 students starting Charters School from September 2027, following the changes to the "designated area" wording, will ensure the Council's policy is aligned with DfE guidance. Legal services have confirmed that BFC can legitimately implement this change from September 2027 but the risk of withdrawing free transport for existing pupils could reasonably raise a legitimate expectation challenge of continued provision.  The challenge could be on grounds that such action is irrational, disproportionate, or procedurally unfair. Ensuring transitional protections for existing pupils reduces these risks. Failure to do so may be regarded as a breach of procedural fairness, especially if the Council’s published policies and communications have led families to rely on that provision through the secondary phase.   The recurrent arrangement will cease from September 2027, with no new pupils becoming eligible under the revised policy. This will enable a gradual reduction in costs over time while ensuring a fairer and more consistent approach to transport provision across the borough.   A pilot of Personal Travel Budgets could offer better value for money for the Council and increase choice and flexibility for families. Solo taxi provision for education transport can be extremely expensive, particularly for children with SEND who travel long distances or require individual transport arrangements. A PTB allows families to receive funding instead of the council arranging a taxi. Many families may be able to transport their child themselves, organise transport more flexibly, or use existing family travel arrangements at a lower overall cost than a contracted taxi service.   Not applicable – Local Authorities need to publish their education transport policies annually as detailed in the Education Act 1996.   Remove all free bus passes for students attending Charters and in receipt of free bus pass from September 2027 that are not eligible under statutory guidance. Legal Services advised that this should be avoided as there may be risk of parents raising a challenge of legitimate expectation/ legal challenge from parents. Research also suggests that this would be high risk approach with potential for reputational damage to the Council – the majority of local authorities who have implemented this change to policy have adopted the recommended gradual approach and not removed free bus passes from those already in receipt.   Continue the current arrangement of providing free bus passes to students attending Charters School who are not eligible for free education transport under the Council's transport policy. This option would not align with Department for Education (DfE) guidance regarding transport eligibility and would continue to place a significant and ongoing financial burden on the Council. It may also give rise to perceptions of unfairness amongst Bracknell Forest families, as public funds would continue to be used to support transport for children who do not meet the eligibility criteria, while other families in similar circumstances receive no assistance. Maintaining the current approach could lead parents to question the consistency and transparency of the Council's transport arrangements and the equitable use of public resources. The continued provision of discretionary support to one group of non-eligible pupils, but not others, may be perceived as inequitable and difficult to justify.   None.

Date of Decision: September 10, 2026