Local authorities in Wales have a duty to provide free home to school transport to pupils of statutory school age (those aged between 5 and 16) to their nearest, suitable school, as long as they live beyond the distances set out in legislation. There have been a number of Welsh Government reviews into learner travel provisions over recent years.
Senedd Members will debate Learner Travel on Tuesday 25 March.
Who is eligible for free home to school transport?
The Welsh Government has updated the legislation on home to school transport since devolution. That legislation had been made in 1996, although the provisions had largely been in place since 1944.
The Learner Travel (Wales) Measure 2008 increased entitlement to free transport to school for primary school children if they live two miles or further away from the school – known as walking distance. Prior to the Measure, the walking distances had been two miles for children under the age of eight and three miles for children aged eight and over.
The Measure also requires local authorities to promote access to Welsh medium education. Local authorities also have discretionary powers to provide free home to school transport for other pupils, such post-16 learners, should they wish to do so. However, if doing so, they must make such discretionary provision universally available rather than only to some individuals.
Information on learner entitlement can be found in our guide for constituents (2022) and the Welsh Government’s Learner Travel Operational Guidance (2014).
What has the Welsh Government done to review home to school transport?
The Welsh Government began a review of learner travel arrangements in 2019. This initially intended to consider issues around transport for post-16 learners and “how to resolve them in a cost effective and sustainable way”. The review followed concerns raised by the then Children’s Commissioner, amongst others.
Progress was delayed by the Covid-19 pandemic and in 2020, the Welsh Government widened the scope of the review to consider the 4-16 age group, as well as the mileage thresholds for free transport eligibility.
On 31 March 2022, the Welsh Government published a White Paper, One Network, One Timetable, One Ticket: Planning Buses as a Public Service for Wales. The then Deputy Minister for Climate Change, Lee Waters MS, said the Welsh Government would take forward a wider programme of work that would consider a complete revision of the Learner Travel Measure.
At the same time, the Welsh Government also published the review announced in 2019 and expanded in 2020. That found there was a need to update the guidance to ensure greater consistency, review the Travel behaviour code, and provide more clarity on parental responsibility, cross boundary provision and on where children have dual residency.
The review found there are wider issues beyond those covered by the current legislation including transport for older learners with Additional Learning Needs and for those in further education colleges. It also found the networks, provision and school infrastructure were not all equipped to deal with increases in mandatory provision.
While it was published in March 2022, the review was completed shortly before the last Senedd election in 2021. It stated that although there were issues with the Measure, there was not enough time within the Fifth Senedd to begin a formal process to change it.
An internal analysis and evaluation of learner travel was undertaken by Welsh Government officials during 2023. It said, given the planned reforms for the structure of the bus industry and significant challenges around budget pressures:
…there should be no immediate amendment to the legislation which underpins Learner Travel in Wales.
One of the review’s recommendations was to update the 2014 Operational Guidance. In March 2024, the then Deputy Minister for Climate Change said this would be subject to consultation.
What issues have been raised?
Issues relating to learner travel have been raised by many including parents, children and young people, and bodies who support them. Successive Children’s Commissioners have raised concerns for many years. These have included the length of walking distances and the suitability of walking routes. Although local authorities have to assess the safety of walking routes to schools, there is no duty to assess the safety of the routes that learners have to walk to catch school transport. The Children’s Commissioner, Rocio Cifuentes, has also expressed concern about the lack of school or college transport for post-16 learners and issues around transport for those with additional learning needs.
In her response to the Welsh Government’s Learner Travel Recommendations report, the Children’s Commissioner said the review of the Measure was:
…totally inadequate, falling short of signalling any meaningful change to current guidance or legislation, and meaningful changes to children’s experiences.
The Welsh Language Commissioner also expressed disappointment with the outcome of the review, saying that school transport to Welsh-medium education was one of the most consistent issues parents raise with her office.
The Senedd’s Children, Young People and Education Committee’s published a report, ’Do disabled children and young people have equal access to education and childcare?’, in July 2024. The Committee heard evidence about the practical issues for learners with disabilities and Additional Learning Needs in using home to school transport. They were told that the current guidance is applied inconsistently by different local authorities.
The Committee recommended that the Welsh Government prioritise the review and publication of learner travel guidance. In response (30 September 2024), the Welsh Government confirmed a review of the guidance was underway and should be published by Summer 2025. It also agreed with the sentiment of the need to improve consistency. However, given the differing needs, geography and priorities, it was for local authorities to make their own decisions within the statutory framework.
The Committee heard during its inquiry, Pupil Absence (April 2022) that the cost of home to school transport impacted learners’ ability to attend school. Similarly, the Estyn report, ‘Improving attendance in secondary schools’ (January 2024) said a lack of entitlement to free school transport had an impact on attendance at school, especially for those pupils who were eligible for free school meals. It was also raised as an issue during scrutiny of the Welsh Language and Education (Wales) Bill.
What happens next?
Although there is broad agreement from families, commissioners and the Welsh Government, that there are problems with the current legislative framework, there are currently no plans to change the Measure. However, it has been suggested by the Welsh Government that the forthcoming Bus Bill may lead to improvements. This is expected to be published during Spring 2025.
On 22 January 2025, the Cabinet Secretary for Education, Lynne Neagle MS, said she and the Cabinet Secretary for Transport and North Wales will be leading a learner travel summit in the spring. She also said that work is “nearly completed” on updating the statutory guidance document that accompanies the Learner Travel Measure, with consultation beginning in the “coming weeks”. The Welsh Government intends to publish the new guidance by September 2025.
More may be revealed during the Senedd debate on Learner Travel on Tuesday 25 March 2025. You can watch that on Senedd TV and a transcript will be published around 24 hours later.
Article by Sian Hughes, Senedd Research, Welsh Parliament
