Agenda item

1.

Title of Item/Report

Post-16 Special Educational Needs and Disabilities (SEND) Transport - Approval to Launch a Formal Public Statutory Consultation on Potential Changes to Discretionary Transport Support

2.

Record of the Decision

Consideration was given to a report on Post-16 Special Educational Needs and Disabilities (SEND) Transport - Approval to Launch a Formal Public Statutory Consultation on Potential Changes to Discretionary Transport Support.

Stockton-on-Tees Borough Council (SBC) provided discretionary post-16 SEND transport to approximately 175 learners, which included 40 learners aged 19+. The estimated cost of this service for 2025/26 was circa £400,000 in direct external expenditure, with additional internal staffing and vehicle costs of around £300,000, giving an indicative total of £700,000.

Demand and associated costs for community transport services continued to increase and, without change, would place significant and growing pressure on the Council’s budget over the medium term. Continuing the approach without change was unlikely to be financially sustainable over the medium term. However, no decision had been made as to how the policy should change.

No policy change was proposed at this stage. Cabinet was asked only to approve a formal public statutory consultation, with a further report to return after consultation setting out findings, mitigations and a recommended policy position for decision.

The purpose of the consultation was to seek views on a range of potential approaches and the appropriate balance between financial sustainability, accessibility and support for learners.

Any changes arising from consultation would be implemented in line with statutory requirements, including the annual Post-16 Transport Policy Statement and associated notice periods.

National government launched a new schools white paper and SEND reform white paper in February 2026, which were in a consultation period closing on 18 May 2026. The proposed reforms detailed a ten-year transformation of the SEND and Alternative Provision system which had a clear vision of an inclusion-led, sustainable school system. Schools and local authorities must prioritise early intervention through clear local pathways of support, jointly commissioned with health services.

Local Area Partnership Boards for SEND, led by local authorities, have to complete a Local Area Reform Plan by June 2026, which detailed local plans to increase mainstream inclusion and decreased deficits on high needs funding, through planned incentives and capital investment.

Within this, there was recognition of rising home to school transport costs linked to SEND placements. Local authorities were expected to review this spend and use analysis of this to inform their Local Area Reform Plan, ensuring a move towards less reliance on home to school transport. The reforms reinforced a clear expectation that local authorities strengthen local provision, reduced reliance on out-of-area placements, and support young people to be educated within their communities, naturally linking to more sustainable transport arrangements.

RESOLVED that:-

1. The launch of a formal public statutory consultation be approved (of a minimum of 28 working days during term-time) on potential changes to the discretionary post-16 SEND transport offer.

2. Consultation materials will illustrate a range of potential approaches at a formative stage and without any predetermined outcome, including the option of maintaining the current approach, and  including:

•         Introducing parent/carer financial contributions (with reductions/exemptions and hardship routes)

•         Ceasing some or all non-statutory post-16 transport

The consultation will also explore mitigations such as phasing, Independent Travel Training (ITT), personal travel budgets and exceptional circumstances governance, recognising that the effectiveness of such measures will vary depending on individual circumstances and implementation.

3. Delegated authority be given to the Director(s) responsible for the relevant functions at the time of implementation, in consultation with the Leader, Deputy Leader and the Cabinet Member for Children and Young People, to finalise consultation documents and approach within the scope of options set out in this report and in line with statutory requirements..

4. A further Cabinet report return post-consultation, setting out outcomes, impacts, mitigations and a recommended policy position for decision.

3.

Reasons for the Decision

1.       Post-16 SEND transport is a discretionary and non-statutory provision, whereas demand for statutory SEND transport (for those of compulsory school age) is fixed. Adjustments to the post-16 offer represent one of the principal options available to the Council to respond to rising cost and demand pressures, alongside other measures. Without intervention, the overall Community Transport expenditure has increased from £4.9m in 2022-23 to a forecast of £7.75m in 2025-26. This represents an increase of 58% within 3 years. This is projected to exceed £10.6m 2028/29, with post-16 costs rising year-on-year. Without intervention, these pressures will reduce the Council’s ability to respond to other service demands.

2.       Benchmarking indicates many councils have already revised post-16 SEND transport, typically with mitigations such as charging, phasing, Independent Travel Training (ITT), personal travel budgets and exceptional circumstances governance.

3.       Any future proposal must be lawful, transparent and evidence-led, following genuine consultation and a full Equality and Poverty Impact Assessment (EPIA).

4.       While financial sustainability is a key consideration, the Council has not reached any concluded view on the preferred approach. The consultation will inform the development of any future proposals.

4.

Alternative Options Considered and Rejected

None

5.

Declared (Cabinet Member) Conflicts of Interest

None

6.

Details of any Dispensations

None

7.

Date and Time by which Call In must be executed

Midnight, 1 May 2026