School transport guidance 2025

Section 1 - Duties on parents and local authorities

1.1 Duties on parents

6. Section 30 of the Education (Scotland) Act 1980^[4] (“the 1980 Act”) places a duty on parents to provide an efficient education for their child, suitable to the child’s age, ability and aptitude, either by sending them to public school or by other means.

7. The majority of parents send their children to a school managed by their local authority and identified by the authority as their catchment school.

8. Parents remain responsible for their child’s journey to and from school or, where the authority is providing school transport (either through a dedicated service or local bus service), between home and the designated pick-up/drop-off point.

1.2 Duties on local authorities

Making home to school transport arrangements

9. Section 51 of the 1980 Act^[5] requires local authorities to make such arrangements as they consider necessary for the provision of school transport for pupils residing, and attending schools, in their area. Local authorities have a wide level of discretion in this regard and the arrangements they establish can include the provision of free school transport for some or all of the journey, making bicycles or other suitable means of transport available to pupils on such terms and conditions as they may arrange (or for paying allowances in lieu), and paying some or all of travelling costs.

10. When considering whether to make arrangements for the provision of school transport, local authorities are further required, to ensure that access to transport which meets the child’s needs is provided. This may mean an alternative vehicle, such as a minibus or taxi, however there is no requirement to alter vehicles such as school buses to meet a person’s needs.

Safety of Pupils

11. Importantly, local authorities also have a statutory obligation to have regard to the safety of pupils, as set out in section 51(2C) of the 1980 Act which states:

“(2C ) In considering whether to make any arrangements under subsection (1) above in respect of pupils attending schools, an education authority shall have regard to the safety of such pupils.”

12. This requirement applies generally to how school transport services are provided and also in relation to decisions such as the removal of home to school transport services and assessment of safe walking routes.

13. As above, it is important that local authorities engage with relevant parties when considering these decisions, so that all relevant information is considered. This can include other relevant departments within the local authority, parents and carers, pupils, transport operators, Transport Scotland in relation to trunk roads, local communities and other agencies such as the police or DVSA, as appropriate.

14. Ministers recommend that local authorities keep school transport policies under regular review, in particular, the process and criteria for assessing factors which ensure safety of pupils, e.g. safe walking routes. Further information is set out in section 3 below.

1.3 Seat belt legislation

15. The Seat Belts on School Transport (Scotland) Act 2017^[6] came into force on 1 August 2018. The purpose of the Act is to improve road safety for school children by imposing a duty upon school authorities^[7] to ensure that each motor vehicle which the authority provides, or arranges to be provided, for a dedicated school transport service has a seat belt fitted to each passenger seat, i.e. one seat belt per pupil.

16. The Act imposes a duty on Scottish Ministers to publish national guidance^[8] which promotes best practice for seat belt wearing and monitoring. In addition, this guidance gives school authorities and other interested parties technical explanations in relation to seat belt fitting. This guidance was issued in June 2018.

17. The Act does not affect the law on the wearing of seat belts on school transport, which remains a matter of law reserved to the UK Government. The law which covers when persons must wear seat belts is currently contained in the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 (S.I. 1993/176)^[9]. Local authorities have general duties of care for pupils using school transport under both statute law^[10] and common law, and there is a range of legal duties on a driver of any vehicle. Children under the age of 14 are currently not legally responsible for the wearing of a seat belt where one is provided. Road Safety Officers, Road Safety Scotland, Scottish Fire and Rescue Service, Police Scotland, schools, local authorities, and parents can reinforce the importance of seat belt wearing.

1.4 Schools (Consultation) (Scotland) Act 2010

18. Local authorities have a duty under paragraph 7 of Schedule 1^[11] of the Schools (Consultation) (Scotland) Act 2010 (“the 2010 Act”) to conduct a consultation where there is “A proposal to discontinue arrangements for the provision of transport by the education authority for pupils attending a denominational school.” Such a proposal requires that local authorities must publish a proposal paper setting out their plans, consult with relevant consultees for a period of at least 30 school days, must hold a public meeting and publish a consultation report summarising the views gathered during the consultation.

19. Where a local authority provides transport for pupils attending Gaelic Medium Education (GME), any proposal to discontinue such transport arrangements must be carefully considered in line with statutory duties. GME may be delivered in dedicated Gaelic schools or in Gaelic units or Gaelic Medium classes within schools which otherwise provide education to English medium pupils. Changes to transport arrangements that reduce eligibility for free transport to GME provision do not automatically constitute a discontinuation. However, where the impact of a change is such that pupils can no longer reasonably access GME, the authority must consider whether this amounts to a proposal to discontinue provision, taking into account impact on all pupils accessing GME at the school or unit. In such cases, the authority is required to carry out a statutory consultation under the 2010 Act. Authorities must also have regard to the Statutory Guidance on Gaelic Education, which sets out expectations for equitable access to GME.