Learner Travel (Wales) Measure 2008

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 age of the child;

(d) any disability or learning difficulty of the child;

(e) the nature of the routes which the child could reasonably be expected to take.

(6) For the purposes of this section, travel 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.

(7) In considering whether travel arrangements are necessary for the purposes of this section a local authority—

(a) must have regard in particular to the matters specified in subsection (5);

(b) may have regard in particular to whether or not the child is attending the nearest suitable relevant place to the child’s place of ordinary residence.

(8) Subsection (7)(b) applies if—

(a) the child is not looked after by a local authority, and

(b) arrangements have been made by the local authority for enabling the child to attend a suitable relevant place nearer to the child’s place of ordinary residence.

(9) For the purposes of this section, a relevant place is suitable for a 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.