Learner Travel (Wales) Measure 2008

Document Number:2008 nawm 2
 
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A Measure of the National Assembly for Wales to make provision about the travel of persons receiving primary, secondary or further education or training to and from schools or other places where they receive it; and for connected purposes.

This Measure, passed by the National Assembly for Wales on 30 September 2008 and approved by Her Majesty in Council on 10 December 2008 , enacts the following provisions:–

Main terms

1 Main terms used in this Measure

(1) This section applies for the purposes of this Measure.

(2)“Travel arrangements” are travel arrangements of any description and include—

(a) the provision of transport;

(b) the provision of one or more persons to escort a child when travelling;

(c) the payment of the whole or any part of a person’s reasonable travelling expenses;

(d) the payment of allowances in respect of the use of particular modes of travel.

(3)“Learners” means persons who receive education or training.

(4) The following are “relevant places”—

(a) maintained schools;

(b) institutions in the further education sector;

(c) independent schools named in statements maintained under section 324 of the Education Act 1996 (c. 56);

(d) non-maintained special schools;

(e) pupil referral units;

(f) places other than pupil referral units where education is arranged under section 19(1) of the Education Act 1996;

(g) places where education or training funded by the Welsh Ministers under section 34(1) of the Learning and Skills Act 2000 (c. 21) is provided;

(h) institutions where education and training and boarding accommodation have been secured by the Welsh Ministers under section 41 of the Learning and Skills Act 2000;

(i) places where nursery education is provided—

(i) by a local authority, or

(ii) by any other person who is in receipt of financial assistance given by a local authority under arrangements made by them in pursuance of the duty imposed by section 118 of the School Standards and Framework Act 1998 (c. 31);

(j) places where work experience is undertaken.

Learner travel arrangements

2 Duty to assess learner travel needs

(1) This section applies in relation to—

(a) learners who have not attained the age of 19;

(b) learners who have attained the age of 19 who have begun a course of education or training before attaining that age and continue to attend that course;

(c) such other learners as may be prescribed.

(2) In each academic year, a local authority must assess the learner travel needs of their area for the following academic year. But this duty is subject to the provisions of section 5.

(3) For the purposes of subsection (2) , the “learner travel needs” of a local authority’s area are the needs of learners who are ordinarily resident in the authority’s area for suitable travel arrangements each day to and from the relevant places where they receive education or training.

(4) In making an assessment under subsection (2) a local authority must have regard in particular to—

(a) the needs of learners who are disabled persons,

(b) the needs of learners with learning difficulties,

(c) the needs of learners who are children looked after, or formerly looked after, by a local authority,

(d) the age of learners, and

(e) the nature of the routes which learners could reasonably be expected to take to the relevant places where they receive education or training.

3 Local authority duty to make transport arrangements

(1) This section applies in relation to a child of compulsory school age if—

(a) the child is ordinarily resident in a local authority’s area,

(b) the circumstances set out in an entry in column 1 of the following table apply to the child, and

(c) the condition, or all of the conditions, set out in the corresponding entry in column 2 of the table are met in relation to the child.

(2) The local authority must make suitable transport arrangements to facilitate the attendance of the child each day at the relevant places where the child receives education or training. But this duty is subject to the provisions of section 5.

TABLE

The child is receiving primary education at—

a maintained school,

a pupil referral unit,

an independent school named in a statement maintained for the child under section 324 of the Education Act 1996 , or

a non-maintained special school,

at which the child is a registered pupil.

The child is ordinarily resident at a place 2 miles (3.218688 kilometres) or more from the school or unit.

No arrangements have been made by the local authority for enabling the child to become a registered pupil at—

a suitable maintained school,

a suitable pupil referral unit,

an independent school named in a statement maintained for the child under section 324 of the Education Act 1996 , or

a suitable non-maintained special school,

nearer to the place where the child is ordinarily resident.

No arrangements have been made by the local authority for suitable boarding accommodation for the child at or near the school or unit.

The child is receiving secondary education at—

a maintained school,

a pupil referral unit,

an independent school named in a statement maintained for the child under section 324 of the Education Act 1996 , or

a non-maintained special school,

at which the child is a registered pupil.

The child is ordinarily resident at a place 3 miles (4.828032 kilometres) or more from the school or unit.

No arrangements have been made by the local authority for enabling the child to become a registered pupil at—

a suitable maintained school,

a suitable pupil referral unit,

an independent school named in a statement maintained for the child under section 324 of the Education Act 1996 , or

a suitable non-maintained special school,

nearer to the place where the child is ordinarily resident.

No arrangements have been made by the local authority for suitable boarding accommodation for the child at or near the school or unit.

The child is ordinarily resident at a place 3 miles (4.828032 kilometres) or more from the institution.

No arrangements have been made by the local authority for enabling the child to become enrolled at a suitable institution nearer to the place where the child is ordinarily resident.

The child—

is a registered pupil at a maintained school, and

receives secondary education at a relevant place other than that school.

The secondary education referred to in paragraph (b) is education arranged—

by the local authority, or

by, or on behalf of, the governing body of the school at which the child is a registered pupil.

The child is looked after by a local authority and is receiving primary education at—

a maintained school,

a pupil referral unit,

an independent school named in a statement maintained for the child under section 324 of the Education Act 1996 , or

a non-maintained special school,

at which the child is a registered pupil.

The child is looked after by a local authority and is receiving secondary education at—

a maintained school,

a pupil referral unit,

an independent school named in a statement maintained for the child under section 324 of the Education Act 1996 , or

a non-maintained special school,

at which the child is a registered pupil.

(3) The local authority must not charge a child or a parent who is an individual for any transport arrangements made in accordance with this section.

(4) Transport arrangements made in accordance with this section may include—

(a) the provision of transport;

(b) the payment of the whole, but not part, of a child’s transport expenses.

(5) For the purposes of subsection (2) , transport arrangements are not suitable if—

(a) they cause unreasonable levels of stress for the child,

(b) they take an unreasonable amount of time, or

(c) they are unsafe.

(6) For the purposes of each paragraph (b) in the second column of the table in this section, the school, unit or institution is suitable for the child if the education or training provided there is suitable, having regard to the age, ability and aptitudes of the child and any learning difficulties he or she may have.

(7) The distances mentioned in column 2 of the table in this section are to be measured by the shortest available route.

(8) A route is “available” for the purposes of subsection (7) if—

(a) it is safe for a child without a disability or learning difficulty to walk the route alone, or

(b) it is safe for such a child to walk the route with an escort, if the age of the child would call for the provision of an escort.

(9) Regulations may prescribe circumstances and conditions for the purposes of paragraphs (b) and (c) of subsection (1); such regulations may amend the table or subsections (6) , (7) and (8) (including repealing an entry in the table or those subsections).

4 Local authority duty to make other travel arrangements

(1) This section applies in relation to a child of compulsory school age if—

(a) the child is receiving education or training at a relevant place,

(b) the child is ordinarily resident in a local authority’s area, and

(c) the local authority consider that travel arrangements are necessary to facilitate the attendance of the child each day at the relevant place where the child receives education or training.

(2) The local authority must make suitable travel arrangements to facilitate the attendance of the child each day at the relevant places where the child receives education or training. But this duty is subject to the provisions of section 5.

(3) A local authority must not charge a child or a parent who is an individual for any travel arrangements made in accordance with subsection (2).

(4) Travel arrangements made in accordance with subsection (2) may include the payment of the whole, but not part, of a child’s travel expenses.

(5) In considering whether travel arrangements are suitable for the purposes of this section, a local authority must have regard in particular to—

(a) the assessment they carry out in accordance with section 2(2);

(b) the transport arrangements they are under a duty to make for the child under section 3;

(c) the...

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