Legal framework
SEND transport legislation guide
The statutory duties, case law, and statutory guidance that govern every EHCP transport arrangement we operate — and what it means for how Vayacare works.
Key legislation
Children and Families Act 2014
Section 33–45 · Section 508A–508F (transport duties)
Establishes the EHCP framework and places a duty on LAs to arrange suitable home-to-school transport for children with EHCPs whose needs cannot be met at a school within walking distance.
Vayacare relevance: Core statutory duty underpinning every EHCP transport arrangement we operate.
CFA 2014
Education Act 1996
Part VI — Sections 508A–508F
Places a duty on local authorities to make transport arrangements for eligible children, including those with SEN. Defines 'eligible child', 'suitable school', and 'reasonable distance'.
Vayacare relevance: The primary legislative basis for LA transport commissioning.
EA 1996
Equality Act 2010
Section 20 (reasonable adjustments) · Section 149 (public sector equality duty)
Requires transport providers to make reasonable adjustments for disabled passengers and to advance equality of opportunity. Applies directly to vehicle adaptations, communication passports, and PA provision.
Vayacare relevance: Shapes our vehicle adaptation, PA assessment, and accessibility protocols.
EqA 2010
Care Act 2014
Sections 1–9 · Care and support planning
Applies to post-18 transport for young people transitioning from EHCP to adult social care. Defines wellbeing duties and the right to a care and support plan that may include transport needs.
Vayacare relevance: Governs post-16 and transition-to-adult transport arrangements.
CA 2014
Children Act 1989 & 2004
Section 17 · Section 47 · Working Together 2023
Establishes safeguarding duties for all those working with children. Defines the threshold for child protection referrals and the duty to cooperate with local safeguarding arrangements.
Vayacare relevance: Underpins all Tier 2/3 welfare responses, LADO referrals, and inter-agency working.
CA 1989/2004
Data Protection Act 2018 / UK GDPR
Special category data (Article 9) · Data sharing agreements
Governs all personal data processed about children and their families during transport. Requires a DPA, lawful basis, and data sharing agreements with each LA. Communication passports are special category data.
Vayacare relevance: Every route we operate requires a signed DPA with the commissioning LA.
DPA 2018
School Standards and Framework Act 1998
Section 509
Enables LAs to set policies around transport eligibility and to apply local conditions above the statutory minimum. Many Vayacare LAs use discretionary powers to extend transport to children who fall outside the strict statutory criteria.
Vayacare relevance: Relevant when LAs commission discretionary transport arrangements.
SSFA 1998
Statutory guidance
SEND Code of Practice 2015
Statutory guidance for LAs, schools, and providers. Chapter 9 sets out travel and transport arrangements. We align all SLA terms with Chapter 9 expectations.
Working Together to Safeguard Children 2023
Updated multi-agency safeguarding guidance. Our welfare note protocols and LADO referral thresholds are aligned with WT2023.
Travel to School for Children Who Cannot Walk 2014
DfE statutory guidance on transport assessments for children with mobility difficulties. Informs our vehicle adaptation and PA assessment process.
Post-16 Transport Policy Statement (LA duty)
LAs must publish annual post-16 transport policies. We support commissioners in meeting this duty through our post-16 transport service.
Common questions
What is the duty to arrange transport for EHCP children?
Under s508A-F Education Act 1996, LAs must arrange suitable transport free of charge for eligible children under compulsory school age with EHCPs where the school is beyond reasonable walking distance or the child's needs mean they cannot reasonably walk.
Who decides whether transport is needed — the school or the LA?
The LA has the duty and decision-making responsibility. The EHCP transport section (Section H) records the agreed provision. Schools do not have a duty to commission transport, but can facilitate.
Can an LA refuse transport if a parent chose a school outside the nearest suitable?
Yes. LAs only have a duty to transport to the nearest suitable school that can meet the child's needs. Transport to a more distant school may be offered at parental cost, or negotiated under local policy.
What are our LADO referral obligations?
As a children's workforce employer, we must refer to the LADO (Local Authority Designated Officer) whenever there is an allegation against a member of staff or volunteer that a child may have been harmed. The threshold is lower than s47 — referral is made before investigation begins.
Need a DPA or SLA template?
We provide ready-to-sign data processing agreements and SLA templates for all LA procurement routes.