Sources for these corrections: GOV.UK eligibility; KCC appeals; IPSEA on transport disputes.
Who Qualifies for Free Transport?
For a child of compulsory school age, eligibility normally concerns the nearest suitable school. The main routes include:
- Distance: more than 2 miles for a child under 8, or more than 3 miles for a child aged 8 or over.
- Route safety: the child cannot reasonably be expected to walk the route safely, accompanied where necessary.
- SEND, disability or mobility needs: the child cannot reasonably be expected to walk because of their needs, including where the school is within the distance limit. The assessment considers whether they could reasonably walk if accompanied and whether accompaniment can reasonably be expected.
- Additional low-income rights: these depend on the child's age, the school, distance and current qualifying criteria. Free-school-meals status alone is not a sufficient summary of the transport rules.
An EHCP is not required for every eligibility route and naming a school in an EHCP does not by itself guarantee free transport. Before choosing a school, check GOV.UK's current eligibility rules and KCC's eligibility guidance. Separate arrangements apply outside compulsory school age.
Check the Reason for Refusal
Read which eligibility test KCC applied and the evidence it considered. In particular, check:
- Which school KCC considers the nearest suitable school, and why.
- The distance and walking route used in the decision.
- Whether the decision considers your child's individual SEND, disability or mobility needs and the question of accompaniment.
- Whether the correct low-income criteria apply.
A refusal based only on being within walking distance or having no EHCP may overlook a relevant eligibility route. Explain the gap and provide evidence when requesting a review.
How to Appeal
Step 1: Get the Written Decision and Request an Officer Review
Keep the refusal letter and follow its instructions and deadline to request the first-stage officer review. Explain which eligibility test or evidence you believe KCC has misunderstood. Keep proof of when you sent the request.
Step 2: Read the Review Response
If you remain dissatisfied after the officer review, KCC's procedure allows a second-stage panel appeal. Request it within 20 working days of receiving the stage-one response. Keep that response and evidence of when it reached you.
Step 3: Use the Current Appeal Instructions
Use KCC's transport review and appeal page for the current form, submission details and hearing options. State what you want the panel to change and why.
Step 4: Include Relevant Evidence
- The refusal and first-stage review response.
- Your child's EHCP, if they have one, and school or professional reports explaining their travel needs.
- Evidence about the nearest suitable school and the walking route, including specific safety concerns.
- Evidence of how your child's needs affect walking and why accompaniment would not resolve the difficulty or cannot reasonably be expected.
- Evidence of the qualifying criteria if you rely on low-income extended rights.
Review or Appeal Letter Template
Adapt this to the stage you have reached. Follow the current KCC form and include only statements that are true for your child.
[Your Name] [Address] [Postcode] [Date] To: School Transport Team Kent County Council Dear Sir/Madam, RE: [First-stage review / second-stage appeal] of school transport refusal for [Child's Name] I am requesting [a first-stage officer review / a second-stage panel appeal] of the school transport decision dated [date]. I received [the refusal / the first-stage response] on [date]. [Child's Name] is [age] years old and attends [School Name]. [If relevant: Their EHCP dated [date] names this school.] I believe this is the nearest suitable school because [reasons and evidence]. The school is [distance] miles from our home. The eligibility route I rely on is [distance / route safety / SEND, disability or mobility needs / low-income extended rights]. [Explain the relevant facts. If relying on travel needs, describe the actual difficulty with walking and whether accompaniment would resolve it or can reasonably be expected.] [Include any evidence — e.g., "The walking route along [road name] has no pavement and traffic speeds exceed 40mph."] The decision does not adequately address [the relevant eligibility rule or evidence]. I attach [list of evidence] and ask you to reconsider [specific point]. I request that this decision be reconsidered. I am happy to provide further information if required. Yours sincerely, [Your Name]
💡 Preparing Your Review or Appeal
- Track the stages and dates — keep the refusal and review response, including when you received them
- Document everything — photos of dangerous routes, letters from professionals
- Explain the eligibility route — an EHCP can be evidence of needs but does not itself guarantee transport
- Use the panel appeal after the officer review — request stage two within 20 working days of receiving the review response
- Get support — IASK Kent can help: 03000 41 3000
Key Contacts
- Kent Transport Team: current review, appeal and contact details
- IASK Kent: 03000 41 3000
- IPSEA: 0300 222 5899
📋 EHCP Guide
Apply for an EHCP
⚖️ EHCP Tribunal
For appealable EHCP decisions; transport uses the KCC route above
🆘 Crisis Support
When you need help
🧑⚕️ Directory
Find services
Related Guides
Special Schools in Kent
Overview of SEND schools, Ofsted ratings, and how EHCP placements work.
Read guide →EHCP Application in Kent
How assessment, needs in Section B and special educational provision in Section F fit together.
Read guide →SEND Grants in Kent
Other possible support, with separate eligibility and application rules. Do not assume a grant will pay disputed school transport costs.
Read guide →SEND Tribunal Guide
Appealable EHCP decisions and plan contents. Ordinary transport refusals follow KCC’s transport procedure.
Read guide →