COMMENTARY ON SECTIONS Section 6 – Power of local authorities to make learner travel arrangements
33.This section gives a local authority a discretionary power to make any arrangement they think fit to facilitate the travel of learners to and from a place where they receive education or training. The power applies in relation to a learner living or studying in the authority’s area. This could include transport to schools other than the nearest suitable school – for instance it could include transport to schools with or without a religious character or to Welsh or English medium schools in cases where the nearest suitable school has not met parental preferences in these respects. An arrangement could include a local authority paying all or part of a learner’s travel expenses.
34.A charge can be made for these arrangements by virtue of subsections (3) and (4). In relation to learners who are not of compulsory school age, there is no restriction on charging. In relation to children of compulsory school age, charging must be in accordance with sections 455 and 456 of the Education Act 1996 (as amended by section 22).
35.The means to charge or pay all or part of a learner’s travel expenses provides flexibility for local authorities to put in place travel arrangements that exceed the statutory requirements set by section 3 and 4.