School transport guidance: child rights and wellbeing impact assessment (CRWIA)

Brief Summary

The policy aim of the School Transport Guidance 2025 is to support local authorities in meeting their statutory obligations regarding the safe and effective transport of school pupils between home and school. The guidance provides clarity on the legal duties set out in the Education (Scotland) Act 1980 (particularly sections 51 and 42), and how these interact with other relevant legislation, including relating to seat belts, namely the Seat Belts on School Transport (Scotland) Act 2017, additional support needs (ASN) Additional Support for Learning (Scotland) Act 2004, and the Protection of Vulnerable Groups (PVG) scheme under the Protection of Vulnerable Groups (Scotland) Act 2007.

While the guidance provides a national framework for decision making and promotes greater consistency, decisions about the design and delivery of school transport services remain the responsibility of individual local authorities.

The intended outcome is to ensure that local authorities have a clear and consistent understanding of their responsibilities, particularly in relation to pupil safety, inclusion, and the delivery of equitable transport services. The guidance also addresses broader operational and policy considerations such as contracting, pupil behaviour, the transition to net zero, and effective complaints procedures.

This CRWIA assesses the potential impact of the revised guidance on children’s rights under the UNCRC and their wellbeing, using the SHANARRI indicators. The overall assessment is that the guidance will have a positive impact on children and young people by supporting access to education, promoting safety, and encouraging inclusive and rights-based decision-making by local authorities.

Free home-to-school transport is available to eligible pupils. Typically, this includes pupils who live beyond the statutory walking distances, or those with an additional support or medical need that requires transport over a shorter distance or in a specific vehicle (e.g. a taxi).

Although there are no centrally collected figures on the number of pupils using local authority-commissioned school transport services, the revised guidance is expected to impact a significant number of children and young people across Scotland. Its overarching aim is to promote pupil safety, inclusion, and equitable access to education through consistent and rights-based decision-making by local authorities.

In line with the UNCRC (Incorporation) (Scotland) Act 2024, local authorities have statutory duties to not act incompatibly with UNCRC requirements. The guidance is intended to support public authorities in fulfilling these duties by encouraging flexible, inclusive, and child-centred approaches to school transport provision. It also reflects good practice by promoting the use of Child Rights and Wellbeing Impact Assessments (CRWIAs) to assess and record the impact of decisions on children’s rights.

Start date of proposal’s development: 7 November 2024

Start date of CRWIA process: 1 December 2024

With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to/impact upon children’s rights?

The revised School Transport Guidance will directly impact children and young people of school age who attend public schools in Scotland, particularly those who live beyond the statutory walking distances (over 2 miles for primary and 3 miles for secondary pupils), as they are entitled to free home-to-school transport under section 42 of the Education (Scotland) Act 1980. It also affects children with additional support or medical needs who may require tailored transport arrangements, while minimum requirements are set out in statute, local authorities have significant discretion in setting criteria for eligibility for free school transport provision.

The guidance is designed to support the removal of barriers to education by enabling local authorities to deliver safe, inclusive, and accessible school transport. In doing so, it contributes to improved attendance, participation, and engagement in learning, thereby supporting a range of children’s rights under the UNCRC, as incorporated into Scots law by the UNCRC (Incorporation) (Scotland) Act 2024.

When considering whether to make arrangements for the provision of school transport, local authorities are required to ensure that access to transport which meets the child’s needs is provided. This may include the use of alternative vehicles, such as a minibus or taxi, where a standard school bus is unsuitable. While there is no statutory requirement to modify standard vehicles to accommodate individual needs, the guidance encourages local authorities to take a flexible and inclusive approach to ensure that children with disabilities or additional support needs can access education on an equitable basis.

The following articles are particularly relevant:

Article 2 – Non-Discrimination

The guidance promotes equitable access to school transport regardless of a child’s background, ability, or family circumstances, helping to reduce inequalities in accessing education.

Article 3 – Best Interests of the Child

The guidance is framed around ensuring that decisions made by local authorities regarding school transport prioritise the best interests of the child, particularly in relation to safety, accessibility, and inclusion.

Article 12 – Right to be Heard

Local authorities are encouraged to engage with children and young people, particularly those affected by transport arrangements, to ensure their views are considered in decision-making processes.

Article 18 – Parental Responsibilities

The guidance acknowledges the role of parents and carers, particularly in cases involving shared family arrangements and encourages local authorities to consider flexible arrangements that support family circumstances.

Article 23 – Children with Disabilities

The guidance recognises the need for equitable access to school transport for children with disabilities or additional support needs. While there is no requirement to modify standard school buses, local authorities are encouraged to consider alternative transport options (e.g. taxis or minibuses) to meet individual needs, supporting inclusive education and participation.

Article 24 – Right to Health

The guidance indirectly supports children’s right to health by promoting safe and supportive travel environments and encouraging active travel options such as walking and cycling, which contribute to physical and mental wellbeing.

Article 28 – Right to Education

The guidance supports local authorities in providing effective school transport services to eligible pupils, enabling them to attend school and access their right to education.

Article 29 – Goals of Education

By facilitating access to school, the guidance contributes to the broader aims of education, including the development of the child’s personality, talents, and abilities to their fullest potential.

Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal

Recent consultations undertaken by local authorities (Falkirk, South Lanarkshire and North Lanarkshire) on changes to school transport provision have generated valuable evidence of children’s views, particularly in relation to home-to-school transport services. While many of these views reflect strong objections to proposed changes and reductions in eligibility, they nonetheless provide important insight into how children experience and value transport provision. This feedback has helped inform the decision to review the guidance and highlights the need to consider children’s perspectives in any future policy development.

National survey data on transport use Hands Up Scotland Survey 2023 (Published May 2024), in which Over 443,000 pupils participated also provides valuable data. The Hands Up Scotland Survey Overview and blog summary showed that 49.3% of pupils reported using active travel (walking, cycling, scootering/skating), while 16.4% used buses. Feedback from children indicated a strong preference for safe, reliable transport options. While many pupils expressed interest in active travel, they identified barriers such as unsafe routes, lack of crossings, poor lighting, and inadequate cycling infrastructure.

As part of the development of the revised School Transport Guidance, stakeholder engagement was undertaken with local authority representatives, COSLA, Association of Transport Co-ordinating Officers (ATCO), and the Association of Directors of Education in Scotland (ADES) Resources Network. We also spoke to groups representing parents, including Shared Parenting Scotland and Connect. Stakeholder feedback informed key changes to the guidance. For example, Parent Councils were added to the Eco Schools section and revisions have been made to address the distinction between medical conditions and additional support needs, and improvements were made to accessibility and safety content, including clarification on PSVAR scope and links to relevant safety resources.

This engagement ensured the guidance reflects the practical, legal, and wellbeing considerations of children and families across Scotland, and supports local authorities in delivering inclusive and rights-respecting school transport services.

Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact?

Evidence gaps have been identified that may limit the ability to fully assess the impact of the revised School Transport Guidance:

Absence of national data on pupil transport usage: There is no centrally collected dataset detailing how many pupils use local authority-provided school transport services. This restricts understanding of the scale of provision and makes it difficult to assess regional variations, including those affecting island communities.

Variation in local authority decision-making: Given the varying contexts local authorities operate in and significant discretion they have in providing home-to-school transport it is harder to evaluate the equity of access and identify potential disparities in provision of school transport.

These gaps highlight the need for improved data collection, and ongoing monitoring of local authority practices to ensure the guidance supports equitable outcomes across all communities.