SEND, fuel duty and the Apprenticeship Levy  

SEND was identified as one of their 3 top priorities by 60% of a random sample of 100 delegates at the recent Lib Dem Conference. 45% ranked it first and 15% second, often behind funding in general.

This result isn’t a surprise to anyone in education, although falling rolls doesn’t yet seem to have worked its way up the political agenda to be a top priority for councillors and activists. I am sure that will change.

Anyway, as regular readers know, before the summer break I expressed concerns about the SEND deficit many local authorities are facing, only to have the end date for the ‘statutory override’ kicked down the road from March 2026 to March 2028 two days after my blog appeared. I m sure there is no link between the two, just great timing on my part.

So, what might local authorities do. Two suggestions, one possible and one for consideration. Local authorities need to check that they are spending all the Apprenticeship Levy raise by them in its present form. They should not be returning any unspent cash, raised from maintained schools to HM Treasury. Apprenticeships across the SEND landscape can be a good investment, and certainly a better use of the cash than sending it back to Westminster. Hopefully, all local authorities are now making full use of the Levy cash collected.

My second suggestion needs some work. At present, SEND transport is a massive cost to many local authorities. The recent NI hike won’t have helped, and should be recognised in the funding for the High Needs Block. If not, it is a tax on SEND, and indeed education as a whole.

The other tax is Fuel Duty. Unlike VAT, I don’t think it is recoverable by local authorities, despite making up around 50% of the price of fuel at the pump. Assume a taxi does two journeys a day for 190 days a year, and uses a litre of diesel for each journey with a SEND young person. That’s around 380 litres a year. As 400 is an easier number to use, let’s round it up to that number. To compensate, let’s say diesel is £1.30 per litre. This puts the fuel cost at £520 per taxi per year. Ten taxis, £5,200; 100 taxis: £52,000. Now assume 50% fuel duty and the possible saving mount up.

Agriculture has long had a red diesel scheme to cut fuel costs.  Education should not be paying income from the High Needs block back to HM Treasury in tax. Like business rates, a fuel rebate scheme should be in place where local authorities certify fuel purchased, and receive a rebate of the duty.

However, this might incentivise the use of fuel-inefficient vehicles, so the scheme should be predicated on a growing percentage of vehicles being electric, and thus not requiring the rebate. Vehicles could also be required to be less than five years old, and with a minimum miles per litre outcome.

Such a scheme won’t solve the problem, but every little helps, and it might encourage the use of electric taxis that are both cleaner for the environment and, until the government changes the rules, less costly in tax paid by local authorities.

Reform of Home to School Transport needed

This week the Local Government Association published an important report into home to school transport  The future of Home to School Transport: Report | Local Government Association This is an area of responsibility that always concerned me when I was a county councillor, as the rules of the governing eligibility were set in the 1944 Education Act, in a very different era to that of today.

As the LGA report noted:

Effective home to school transport plays a vital role in our education system. Fundamentally, it is the safety-net that ensures no child or young person misses out on their entitlement to education because they cannot otherwise get to school. However, current home to transport duties were designed for a different age, societally, educationally and economically. For local government, continuing to fulfil the current statutory responsibilities for home to school transport is becoming increasingly financially unsustainable, posing a real threat of bankruptcy for some, and necessitating cuts to other vital aspects of children’s services provision in many more.”

Much of the report deals with SEND transport, as that costs local authorities the most money, the issue of whether the NHS should bear part of the cost. Sensibly the report concluded that this was a national issue:

We would recommend that, in the context of budgetary pressures across public services and with health being under no less pressure than local government, this is not an issue that can be left to local negotiation to resolve. The Department for Education and the Department for Health and Social Care should clarify an equitable split of responsibilities, including financial responsibilities, for transport for children with the most common health needs that require substantial and additional support, and set that out in statutory guidance both for local authorities and ICBs.”

With the review of the NHS currently underway, this seems like a timely recommendation.

Surprisingly, the report seems in places to assume that parents must send their child to a state school, rather that state schools being the default position if a parent doesn’t make any other arrangement for their child’s education.  Fortunately, this assumption doesn’t affect their arguments.

I think their conclusions are sensible in both being clearer, with less change of challenge than at present, but the authors appear to have missed the opportunity to discuss how to deal with the issue of selective schools and distance. Making such schools ineligible for home to school transport as they are regarded as a parental choice is as discriminatory as any other criteria. It is a pity this wasn’t addressed more fully.

Nevertheless, I think I can agree with their conclusions for a system that:

In summary, we are advocating that in future children and young people should be eligible for assistance with home to school travel from the start of reception to the end of year 13, based on a simple binary distance criterion: if they live more than 3 miles away (by the most direct road route) from their nearest suitable school then they would be eligible for transport assistance; if they live less than three miles away then they would not be eligible for transport assistance. This formulation of eligibility would get rid of the current link between eligibility and the ability to walk to school for both children and young people with SEND and those accessing mainstream home to school transport.”

Home to School transport

What level of transport from home to school should the State provide for parents? At present, this is an area of policy that rarely seems to be reviewed. For instance, when the learning leaving age was raised to eighteen, the rules on free transport to school were not changed. As a result, many pupils that receive free transport up to age sixteen, and the end of Year 11, no longer qualify for free transport in Years 12 or 13, even if they remain at the same school.

Yes, some local authorities do pay for SEND transport for post-16 students, but it is not a requirement to do so. TfL still provide generous free transport for young people resident in London, although the Elizabeth Line beyond West Drayton to Reading isn’t included.

The question must be: if young people in London can qualify for free bus and tram travel, why must those living elsewhere in England depend upon local rules set by the upper tier local authority? The answer, of course, is that local authorities must fund the home to school transport budget, and it needs to compete against all other priorities, whereas in London, the transport authority, TfL, foots the bill for transport costs.  

Most authorities now only pay for transport over three miles (2 miles for pupils under eight, but above statutory school age) to the nearest school if selected first at the time of the admissions process. There may be different rules for selective secondary schools, and some authorities won’t pay for travel to these schools if located in the area of another authority despite the fact that most are now academies.

For instance, Essex County Council and Castle Point Unitary Authority state that:

Grammar (selective) school

Children from low income families qualify for school transport if they live 2 or more miles from the selective school.

School transport will also be provided if the selective school is closer than the nearest maintained school or academy and 3 miles or more away. School transport: Who qualifies for home to school transport – Essex County Council

This means that many parents have to pay to send a child to a selective school unless they qualify as a low-income family.

In rural areas there may not be bus services, and local authorities will only pay where a road is deemed unsafe due to traffic. Any alternative route less than three miles, even if an unlit footpath across fields, often doesn’t qualify for free transport unless an appeal panel is willing to go outside the rules.

In their 2023-24 budget, Oxfordshire has a figure of around £30 million for home to school transport, so it isn’t an insignificant issue for rural counties. The bulk of this was for transporting pupils to mainstream schools and not for SEND transport.

So here are some policy suggestions for discussion

  • Raise the current age level for transport to the same school from 16 to 18
  • Ensure SEND transport to both schools and colleges
  • Negotiate student fares with both bus and train operators as similar rates for same journey
  • Merge school transport with active travel policies to encourage car pooling or use of local community transport
  • Pay bike vouchers to encourage cycling to school
  • Review national guidelines on what constitutes ‘safe routes’ to exclude footpaths or bridleways for inclusion and only include roads
  • Create a national policy for travel to selective schools funded by central government as these schools are no longer ’local’ schools
  • Prevent state schools from running their own buses
  • Ensure any child offered a paid for place has the place available for a whole school year.
  • Amend the mileage rule to cover all sites for split site schools

The present distance rules were set many years ago. Is it still acceptable in this modern age to use a three-mile limit or should it be reduced?

Finally, how should any changes be paid for? Should there be a national scheme, as for the bus pass for the elderly, and should the rules be more favourable for London than for rural areas, especially where house prices may be more expensive in the rural areas than in London, and salaries don’t take this into account?

Please sue the comments section to discuss.

Paying more for school transport

The County Councils Network has recently released a new report which analyses the challenges county authorities face in delivering home to school transport services, including the impact of the record fuel price increases. Councils face difficult decisions as spiralling fuel prices impact on school transport services, report warns – County Councils Network

With fuel prices hitting record highs this month, the CCN is warning that this is having a significant impact on school transport services, with councils facing having to pay providers significantly more for operating school services and providing taxis.

According to the County Councils Network the local authorities that supplied data to this study transported 248,000 pupils for free last year, of which 51,000 were young people with special educational needs and disabilities (SEND).

The report calls for short-term support for local authorities to help weather the storm of rising fuel prices, which has, according to the research, led to transport companies re-tendering for contracts up to 20% higher than last year.

Even before the fuel price increase, county authorities were facing yearly increases in costs in home to school transport services, particularly for SEND pupils.

Released ahead of the government’s long-awaited SEND Review, the report by the County Councils Network urges the Government’s review of SEND to address the root causes of a rise in costs and demand in SEND services, including home to school transport. The report finds an increasing number of pupils becoming eligible for Education, Health and Care Plans and an increase in young people attending special schools.

Based on data from 28 CCN member councils, the report finds:

  • County authorities spent a total of £555.6m on free school transport last year, up from £472.6m in 2016/17. This increase is largely down to a 33% rise in expenditure for pupils with SEND – up from £250m five years ago to £336m in 2021. This is the equivalent of 11% of on average council’s entire children’s services budget.
     
  • The number of pupils using SEND free school transport has increased from 41,185 in 2016/17 to 51,558 in 2020/21 – a rise of 10,373 pupils. Over the last three years, the average cost of individual pupils has increased by £206 to £6,099 a year – due to rising costs, such as fuel price increases.
     
  • Almost two-thirds of councils (60%) who responded to a separate survey for the report said that their expenditure on SEND school transport was ‘unsustainable’ and 34% said it was ‘difficult.’ Just one said it was ‘manageable’. Costs for taxis, private hire, and minibuses for these pupils had increased from £175m in 2016 to £244m in 2021.
     
  • Despite yearly growth in population numbers, and rising costs, councils’ expenditure on mainstream home to school transport has remained the same throughout the period – £212m in 2016 to £208m in 2021.

Council taxpayers have to pay the cost of any transport not covered by government grants and that is a burden not carried by those living in urban areas where most home to school transport costs fall on families.

As a result of cost pressures, many councils have had little choice but to reduce eligibility for free school transport for mainstream home to transport due to facing significant financial pressures over the period, including in SEND school transport. There were almost 20,000 fewer mainstream pupils using free transport to their school in 2021 compared to 2016/17.

Especially mean cuts are where only transport tot the ‘nearest’ school is provided and there is a system of selective education. The selective school will rarely be the nearest school and so families may not be able to take up a place at a selective school if they cannot afford the transport costs. As a twin, I understand how this can impact on some families.

The situation is even worse where the selective school is an academy in another authority as face children, for example, on Canvey Island, part of Castel Point local authority and where the nearest selective schools are in the city of Southend-on-Sea.

Councils need to publish data on how much of their home to school transport to academies is funded by government grant and how much by council Tax payers and through business rates.  

The government might also need to consider help for small rural schools that are using oil for heating, as those costs have risen sharply as well. It would be unfair if the present world situation hastened the end of rural primary schools and thus forced costs for transport even higher, threatening other local services as cash had to be diverted into supporting yet more school transport.

Wish list for the new Secretary of State

The replacement of Mr Williamson as Secretary of State probably wasn’t much of a surprise. There isn’t a manual on how to handle a pandemic, but some issue were pretty obvious from really early on. Strategic thinking isn’t easy, and UK corporate management has not always managed it, so we shouldn’t be surprised that some Ministers don’t find it a real challenge.

Anyway, we have a new Secretary of State, and here are some of my top issues for him to consider.

Consider raising the free transport age for students from 16 to 18. The leaving learning age has now encouraged staying-on, and it is time to help the levelling up agenda by ensuring 16-18 year olds receive the same treatment in terms of transport as when they were at school. There would be a cost, not least because some 16-18 year olds attend further education colleges some distance from their homes, but the present arrangement affects the choice some 16 year olds make about what to study.

Finally remove the ability of schools to handle their own in-year admissions and create a common local scheme, as for September admissions. This would help both parents and local authorities ensure a place for children forced to move during a school year. Schools might also review their induction arrangements for such children to ensure they aren’t overlooked and set up to fail.

Take a long hard look at the teaching profession in the light of the market review. Make objectives clear. Can we construct a system than ensures enough teachers in the right places for all schools using a preparation route appropriate to the individual, whether they be a school leaver; a new graduate or a career changer. Encourage more under-represented groups into teaching and ensure the preparation course is financially fair to all and not a burden to some while others receive a salary.

Make the term teacher a reserved occupation term so that those banned from teaching cannot still use the term. teacher

Make a teaching qualification less generic. For a start, make it the right to teach either primary up to eleven or secondary not below eleven, and abolish the ‘middle’ level route. In the longer term make it more specific in relation to subjects and specialisms within the primary sector. And do something about qualifications and staffing for the growing SEND sector where there are often more unqualified teachers than in other sectors. At the same time review training numbers for educational psychologists and other allied professions that support our children and their schools.

Look at what funding might do to small primary schools now the birthrate is falling. Decide whether keeping schools in rural communities is a sensible idea or whether government is prepared to see many closures as school become financially non-viable due to restrains on per pupil funding.

There are no doubt many other issues, not least the future of expensive public examinations at age 16 and the content of a curriculum for the 21st century in a multicultural society, along with issues about school meals, uniforms and the developing gender agenda.

No room on the bus – unless you pay

What the point of the Conservative Party creating more places in selective schools if pupils cannot get to them? As regular reads know, I am not a fan of selective schooling, but where it exists such schools should be available to all.

After two general elections fighting Banbury for the Lib Dems, I have moved on to fight Castle Point in Essex this time around. This has brought me into contact with the selective system there, and the unfair rules about school transport.

Canvey Island forms a large part of the Castle Point constituency, and pupils living on the island are refused free transport to grammar schools. This is because Essex County Council’s home to school transport policy only pays for travel to a pupil’s nearest school.

As there is no selective school on Canvey Island, parents are forced to pay for transport if their child secures a place at a selective school. Many parents cannot afford to do so.

The rules are that if the journey is more than three miles local authorities must provide free transport to and from school. By restricting the rule to the ‘nearest school’ in a system where selection is in operation Essex County Council discriminates against pupils taking up places at such schools.

The situation is further complicated by the fact that some time ago Southend-on-Sea became a Unitary Authority, separate from Essex County Council, and this is where the nearest selective schools are located. Add in the academy factor, and this is a real mess for parents.

There is no point in the Conservative Party announcing more selective school places and then denying parents and their children the opportunity to attend these schools because of the cost of getting to and from schools.

The approach of Essex County Council to funding home to school transport isn’t unique, but it does demonstrate a callous lack of concern for social mobility as far as many pupils are concerned.

Will the Conservative Party nationally change the rules on transport to make it clear funding should be available to the nearest including any school that offers places following selection test to pupils that the school is the nearest school of that type a pupil could attend?

Of course, making all schools non-selective would be a better option, but that’s not yet on the cards