Hertfordshire County Council is consulting on its home to school / college transport policies and would like your views on policy changes and feedback on other proposals.
Consultation start date: 23 January 2023
Consultation closing date: 26 March 2023 (11.45pm)
The main proposals are:
- introducing a policy to clarify the role of passenger assistants on transport contracted by the county council
- amending the 19-25 transport policy to ensure transport supports goes to the most vulnerable and is aligned with the existing assisted transport policy for Adult Care Services
- amending the charging structure for transport for 16–18-year-olds
- removing the 16+ Railcard.
In addition, we would like your views on:
- Personal Travel Budgets – to allow parents/carers to arrange their young person’s travel to school or college
- Spare seats – making seats available on small vehicles travelling to special schools to young people who are not entitled to transport support.
- Transport options for those on part-time timetables.
Passenger Assistants
Proposal 1:
Clarifying the role of a passenger assistant on transport contracted by the County Council
Passenger Assistants
The County Council is looking to clarify the role of Passenger Assistants (PAs) on contracted home-school transport.
Although there is no automatic entitlement for children to travel with a passenger assistant, we will continue to provide a passenger assistant as necessary, taking into account the following:
- A young person’s medical needs, particularly where rescue medication is required.
- Where an individual young person’s needs create a clear danger or health and safety risk to themselves and others on the vehicle.
- Where a passenger assistant is required to help manage the journey and support all passengers on the vehicle.
All passenger assistants have an enhanced DBS (Disclosure and Barring Service) check and will have a Photo ID. They are expected to sit in the rear of the vehicle so they can easily monitor passengers.
The Hertfordshire and West Essex Integrated Care Board advises that medically, the role of PAs should be limited to monitoring and the provision of basic First Aid. PAs should not, in general, administer medication or be required to undertake intimate activities. In an emergency, their role should be to monitor and request professional medical assistance via “999”. This would replicate the role of Care Assistants travelling with patients to hospital.
In some limited cases, and following a Risk Assessment, PAs may be asked to undertake enhanced duties after appropriate training.
It is proposed that from September 2023, the County Council should have a policy which clarifies that PAs:
- will be provided as necessary to monitor specific medical conditions and request assistance, via the emergency services, in the case of a medical emergency on transport.
- will be provided with training by appropriate health professionals or outlined in the EHCP and, if necessary, clarified by the relevant medical practitioner.
- are not medical professionals and, in the event of a medical emergency, cannot and will not provide medical intervention beyond what is explicitly outlined in the child or young person’s Risk Assessment and Emergency Plan.
Parents can, as an alternative request a PTB to arrange travel for their own child
What changes are you proposing for Passenger Assistants?
We are not proposing any changes to the role of Passenger Assistants but want to clarify their role on home-school transport. We also want to make clear that children with individual medical needs on transport will, in future, have individual risk assessments.
The policy explains that PAs are not medical, teaching or behavioural professionals and cannot provide the same level of support as a trained teacher or health professional. It explains the training that is provided for Passenger Assistants.
Do all young people with SEND currently travel with a Passenger Assistant?
No. Many young people with SEND on contracted transport do not travel with a Passenger Assistant.
What is the role of a Passenger Assistant?
A Passenger Assistant is provided to help ensure young people can travel safely to school. The PA will monitor the young person whilst travelling and intervene to ensure the safety of a young person, for example: preventing seat belts being released, preventing children from leaving the vehicle, and supporting with mobility issues.
Their role does not include escorting a child from their house to the vehicle or administering routine medication; these are parental responsibilities.
My child has a high level of need (physical, emotional or behavioural) and currently travels with a Passenger Assistant. Will the proposals mean that the Passenger Assistant is removed?
No. This proposal is not about removing Passenger Assistants but clarifying their role and the support they provide on HCC contracted transport.
My child has medical needs, for example epilepsy, asthma or diabetes, and their Passenger Assistant has been given specific training to identify the condition and deal with emergencies. Will this support continue?
Yes. Most Passenger Assistants have training to identify a child’s symptoms and call for assistance, via 999, in an emergency. A small number have specific training to assist a child in an emergency medical situation, for example support if a child has a seizure. This support will continue as guided by the individual risk assessment.
What if my child’s medical condition makes it unsafe for them to travel on contracted transport?
The Risk Assessment process undertaken by the County Council will include input from the family, school, transport operator and other professionals as necessary. If HCC is unable to provide safe transport, alternative transport support, such as a Personal Travel Budget, will be offered.
If the regular Passenger Assistant is unavailable, will you provide a substitute with the same training.
It is not normally possible to provide a different PA who has had the same training for an individual(s). When PAs are not available it is usually due to an unexpected situation, and it is unlikely another PA will be able to substitute at short notice.
It may be possible to provide a PA with general training
Read the proposed PA policy
19-25 Transport
Proposal 2:
Amending the 19-25 transport policy to ensure transport supports the most vulnerable and is aligned with the existing assisted transport policy for Adult Care Services
The 1996 Education Act outlines the responsibilities of local authorities for transporting young people between the age of 19-25. There is no requirement for Local Authorities to provide transport, but they must make arrangements for the provision of transport and otherwise as they consider necessary to:
- Facilitate the attendance of adults with EHCPs receiving education or training at colleges or other institutions providing further or higher education
- Facilitate the attendance of adults receiving education or training at institutions outside the FE & HE sectors but only when the Local Authority has secured the place and boarding accommodation
- Where these criteria are met, transport must be free of charge.
Within Hertfordshire County Council, Children Services and Adult Care Services work with the same group of young adults in the 19-25 age range, but there are different policies and criteria for the assessment of need and transport support.
It is proposed that a new 19-25 education transport policy is published for September 2023, which aligns as closely as possible with the existing Adult Care Services Assisted Transport Policy, with similar criteria and expectations to identify and support young adults with the highest level of need.
What changes are being proposed to the 19-25 transport policy?
The current 19-25 policy is very simple and does not include the criteria or assessment process. The proposed policy explains the assessment processes that are currently in place to ensure transparency for young people and their families.
Will the transport for me or my young person be withdrawn because of the new policy?
No. It is not anticipated that the new policy will mean the withdrawal of transport. Young people in this age group will continue to need to apply for transport support, each year or when their provision changes.
Click here for the 19-25 policy
Financial Contributions for 16–18-year-olds
Proposal 3
Amending the charging structure for transport for 16–18-year-olds
The County Council requires a financial contribution for all eligible young people aged 16-18 who are provided with transport support. The contribution is approximately 20% of the 2019 average cost of travel regardless of the level of need, with Hertfordshire County Council paying the balance. The current annual financial contribution ranges from £882 to £1554 for full-time attendance at a school/college, reduced proportionately according to distance and the number of days attending.
It is proposed that an annual “flat rate fee” of £1,792 per pupil is introduced for 2023/24 (20% of the average cost of £8,765 in September 2022). This will be a significant increase to the current charge for those travelling shorter distances but recognises increased costs across the transport sector. The contribution will be proportionate to the number of days travelling. The payment structure will remain with the options of payments in monthly, half termly, termly or annually instalments.
As currently, it is proposed that the financial contribution is waived for families on low income who are unable to access Bursary Funding to support their transport costs.
Families not eligible for the low-income waiver who feel unable to pay the contribution can ask for their circumstances to be considered through the existing 2-stage complaints process (discretionary consideration).
Young people must remain in education until the age of 18 and free transport should be provided until the end of 6th form/college. Charging parents for transport is unfair.
There is no entitlement to home to school transport for young people aged 16+ but Local Authorities must explain what transport support is provided. The County Council supports young people in developing their independence and accessing education. Transport support is provided for eligible young people with an EHCP, but a financial contribution is required unless the family is on low income.
When introduced the financial contribution represented 20% of the average cost of transport with the County Council paying 80% of costs. Financial contributions have not increased in line with increasing transport costs.
It is unfair to charge when the provision panel has decided which school the young person should attend based on their needs.
The SEND Provision panel works with families to determine the most suitable school/college for the young person. We understand that this can sometimes be some distance from home – that is one of the reasons we suggest that a “flat rate” charge may be fairer than charges dependent upon distance. A financial contribution is required, unless the family is on low income.
There is cost of living crisis so why are the financial contributions being increased?
The consultation is about the structure for charging – not the amount. The financial contribution was introduced in 2015 at 20% of the average cost of transport
We are proposing to increase financial contributions to reflect 20% of current transport costs which are £9,200 per year per student. If a family is unable to pay the financial contribution, they may request that the cost is waived or reduced through the discretionary transport panel process.
Payments should be more flexible, for example, allow people to pay for 2, 3, 4 days per week rather than all or nothing approach currently in place.
The amount currently charged takes into account the number of days a week a young person travels.
Hertfordshire Train Card
Proposal 4
Removing the 16+ Railcard - Hertfordshire Train Card
The number of young people using the Hertfordshire Train Card has declined significantly since the introduction of the new national rail card for those aged 16-17; only 1 card was issued in 2021/22
The Hertfordshire Train Card is currently available to young people aged 16-18 in post-16 full time learning and education (e.g., attending school sixth form or college) and those completing courses started prior to their 19th birthday. The Train Card costs £20 per year and enables the holder to obtain a discounted season ticket for train travel to and from educational establishments.
When the Train Card has been discontinued young people in Hertfordshire will still be able to use:
- the Hertfordshire Saver Card which is available up to the end of the academic year in which they reach their 18th birthday. The Saver Card costs £20 per academic year and entitles the holder to purchase single and return tickets at half the adult fare for travel on all public bus services throughout Hertfordshire and to some out of county destinations (except for services operated for Transport for London where other discounts are available).
- the national railcard for 16–17-year-olds which offers half price train tickets. At a cost of £30, the card is valid for one year or until the CYP’ 18th birthday (whichever is earliest). Discounts are applied to standard season, anytime, off-Peak, and advance tickets for travel on the National Rail network.
It is proposed that the Hertfordshire Train Card is withdrawn from September 2023.
Why are you removing the Hertfordshire Rail Card?
A national railcard for 16–17-year-olds has been introduced and replicates the benefits of the Hertfordshire railcard for 16–17-year-olds – half-price fares on all rail journeys. This means the Hertfordshire Rail Card is no longer needed for this group of young people.
Why can’t young people with EHCPs travel for free on public transport?
In many cases young people with EHCPs can travel free or with a discounted fare, for example:
- Young people with an EHCP are eligible for a free bus pass that allows travel at all times in Hertfordshire and after 9.30am across England.
- Any young person eligible for transport support would be provided with a free rail pass if they were able to travel independently and the journey was possible by train
- All young people with SEN and disabilities are eligible for a free rail pass that allows discounted travel, one third of the fare, for any train journey.
The national rail card is more expensive that the Hertfordshire Rail Card. Why should we have to pay more?
There are increased benefits from the national rail card which you don’t get with the Hertfordshire one. It is also likely that the cost of the Hertfordshire Card would have risen with inflation.
Personal Travel Budgets (PTBs)
Personal Travel Budgets – to allow parents/carers to arrange their young person’s travel to school or college
Personal Travel Budgets (PTBs)
A PTB is currently based on the home to school/college distance, paid at a rate of 45 pence per mile for four journeys a day, for 190 days per academic year (pro rata as necessary)
For example:
- Child A lives 5 miles from school and receives £1710 per academic year: 5 miles x 4 journeys x 0.45 x 190 days
- Child B lives 10 miles from college and receives £3420 per academic year:10 miles x 4 x 0.45 x 190 days
Hertfordshire County Council offers PTBs to parents/carers as an alternative to contracted transport (for example in a taxi). PTBs are attractive to many families because of the flexibility they offer around transport arrangements and family commitments, as well as for the “up front” payments which can assist with expenses such as new tyres or car servicing.
PTBs are paid termly, in advance via a Direct Payment Card
The County Council is considering increasing the base rate of PTBs to encourage take-up and providing an enhanced rate for children or young people with a higher level of need, for example those receiving higher level Disability Living Allowance (DLA) or Personal Independence Payment (PIP) (mobility). We would like your views on PTB rates and what might encourage or prevent families accepting a PTB.
I don’t want a PTB. Can my young person continue to travel in contracted transport?
Yes. Any parent or carer whose child has an EHCP and is eligible for transport support can request a PTB. However, PTBs cannot be imposed upon families of children of statutory school (young people aged between 5-16) because the Local Authority has a statutory duty to provide transport for eligible children
Why hasn’t the current rate of 0.45p a mile increased with inflation?
The current rate is the same as the rate set by HMRC (His Majesty’s Revenue and Customs) which has not been changed, however this consultation is asking for view on higher rates for PTBs in the future.
Is the PTB paid for only one journey to school and then back?
A PTB is paid for two return journeys per day – one to school and back in the morning and one from home to school and back in the afternoon.
The amount offered is not sufficient to cover additional costs of transport. What about wear and tear on my vehicle, insurance etc – the PTB amount does not cover this?
A PTB is paid at a rate of 45 pence per mile for one return journey in the morning and one in the afternoon and is calculated using the home to school distance as measured a computerised mapping system. Although the rate has not changed recently it will cover most driving costs. An example is set out below:
- UK average mileage per gallon of fuel – 39 miles
- Average cost of fuel (diesel) – £1.70 per litre
- Home school mileage – 10 miles.
In the example above a family would be provided with a PTB for 40 miles a day at a rate of £18 a day. Fuel costs would be approximately £7.80 daily, leaving £10.20 to contribute to vehicle wear and tear and other costs.
One reason for the consultation is to gather information from families and gain feedback on the costs they feel should be included within a PTB. Once the consultation closes, the County Council will be able to make an informed decision on whether to increase the rate/ enhance it and/or look at cases on an individual basis.
My child has complex needs. A PTB will not cover the cost of paying care workers to accompany him to school.
Currently all PTBs are paid at the same rate. The purpose of the consultation is to gain a greater understanding of the factors which prevent families from taking a PTB and to seek views on enhanced rates for additional needs.
I am interested in having a PTB because my child is very anxious about travelling in a taxi, but I can’t afford to have the tyres on my car changed. Can I have some funding “up front”?
PTBs are paid “up front” at the start of each academic term onto a direct payment card that is issued to parents/carers. This enables families to immediately use funds provided by HCC for any transport costs rather than draw on their own funds and claim the money back.
The funds can be used flexibly, for example for car insurance, tax or repairs or to pay for childcare costs for a sibling whilst another child is taken to/from school.
Are PTBs being offered in addition to an existing service (and if so, why?) or is a proposed replacement for an existing service?
PTBs have been available for the last three years following the introduction of a direct payment card which enables HCC to provide parent/carers with PTB funding in advance of each term. Prior to the PTB, HCC provided mileage reimbursement, which was calculated using the same process, but the parent/carer needed to claim back expenses rather than have the funding in advance.
It is not a replacement for any transport service, it is an alternative option offered to families whose children are eligible for home to school transport.
Spare Seats
Spare seats – making seats available on small vehicles travelling to special schools to young people who are not entitled to transport support.
To extend the County Council’s transport offer, maximise vehicle usage and minimise environmental impact it is proposed to introduce a “Spare Seat” policy for non-entitled pupils with an EHCP who wish to travel on existing routes to special schools.
There are some pupils attending specialist provision who do not receive transport or a PTB and could potentially be sold a “spare seat” on an existing County Council contracted route.
It is proposed that spare seats are made available at an annual cost of £1,792 per seat. The charge would be reduced to £597 per annum for low-income families.
If there are more applications than seats available i.e., a waiting list, it is proposed that the following criteria are used to prioritise applicants:
- Children and young people who are looked after or were previously looked after.
- Children and young people from families on low income
- CYP in receipt of the Disability Living Allowance (mobility) or the higher level of Personal Independence Payment (PIP)
- Children and young people who have the furthest to travel
Spare seats will be removed (with a month’s notice) if the seat is required for a child eligible to transport support under the County Council’s published policies.
Why do I need to pay
Free transport is only provided for children and young people eligible for transport support. Any spare seats need to be paid for. Charges are already in place for children travelling on spare seats to mainstream schools.
The option to buy a spare seat is aimed at supporting those families whose children are not eligible for home to school transport but who find it difficult to make their own arrangements.
If an eligible child is unwell and does not travel in the vehicle, would the vehicle still run for the child with the spare seat?
Yes. If a child is travelling on a spare seat and the other child(ren) is unwell or not travelling, the spare seat would still be available, and the vehicle would run as normal.
The proposal is for a spare seat to be withdrawn with a month’s notice, could a longer notice period be offered?
The consultation is to gain the views of parent/carers, a longer notice period can be considered.
What happens when older (specialist school) children no longer need the transport because they've left school and my younger child still requires transport?
Spare seats need to be purchased each year. At the start of the new academic year all contracted transport is reviewed and some routes / vehicles may change or be withdrawn depending upon the number of eligible children travelling. If a vehicle was not required for eligible children, it would not be continued – however there may be alternative vehicles/routes running that could provide a spare seat.
Part-Time Timetables
Transport options for those on part-time timetables
Part-Time Timetables
All children are entitled to receive a suitable full-time but in some exceptional circumstances there may be a need for a reduction in educational provision to meet a young person’s needs. A part-time timetable should be a temporary measure with an end date and should provide a means of achieving re-integration to full-time education.
For children with an EHCP, a part-time timetable can only be implemented after a review of the EHCP and signed agreement with the relevant Integrated Services for Learning (ISL) Team within the County Council and the parent / carer.
The County Council has a responsibility to transport eligible pupils at the normal start and end of the school/college day; transport is not required if a child’s timetable has been altered and their start /finish times differ from the rest of the school/college. Current transport arrangements for those on part-time timetables are therefore discretionary and are expensive because children are travelling alone. Other alternatives could be:
- the provision of a Personal Travel Budget for children eligible for transport with a part-time timetable
- the school to provide transport for the child if the existing contracted transport would need changing.
- the County Council to continue to provide transport but for schools to pay any additional cost arising from the timetable changes.
- the County Council to fund transport for the first 6 weeks of any agreed part-time timetable with the school funding any extension.
Why doesn’t the county council provide free home to school transport for everyone with an EHCP?
We do not have the funding to allow us to provide transport for everyone. We therefore provide transport to those who meet the eligibility criteria and others who are most vulnerable or most need our support.
Home to school transport support is provided free of charge to children of statutory school age (5-15 years old). There is no statutory entitlement to home to school transport for young people aged 16+ and we provide transport to support young people who are unable to travel independently to school/college.
Supporting documents
Appendix A: Proposed Passenger Assistant Policy (MSWord 22.2KB)
Appendix B: 19-25 Home to School Transport Policy (MSWord 38.6KB)
Appendix C: Post-16 Transport to Education and Training Policy 2022/23