Education Act 1996, section 508F

Local authorities in England: provision of transport etc for adult learners

Part IX Ancillary functions

(1)A [F6 dfnlocal authorityF6] in England must make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purposes mentioned in subsections (2) and (3).

(2)The first purpose is to facilitate the attendance of adults receiving education at institutions—

(a)maintained or assisted by the authority and providing further or higher education (or both), or

(b)within the further education sector.

(3)The second purpose is to facilitate the attendance of relevant young adults receiving education or training at institutions outside both the dfnfurther [F1095 education sector and the wider higher education sectorF1095] , but only in cases where the [F6 local authorityF6] have secured for the adults in question—

(a)the provision of education or training at the institution in question, and

(b)the provision of boarding accommodation under section 514A.

(4)Any transport provided under subsection (1) must be provided free of charge.

(5)In considering what arrangements it is necessary to make under subsection (1) in relation to relevant young adults, a [F6 local authorityF6] must have regard to what they are required to do under section 15ZA(1) in relation to those persons.

(6)In considering whether they are required by subsection (1) to make arrangements in relation to a particular adult, a [F6 local authorityF6] must have regard (among other things) to the age of the adult and the nature of the route, or alternative routes, which the adult could reasonably be expected to take.

(7)Arrangements made under subsection (1) by virtue of subsection (3) to facilitate full-time education or training at an institution outside both the dfnfurther [F1096 education sector and the wider higher education sectorF1096] must be no less favourable than the arrangements made for relevant young adults of the same age for whom the authority secure the provision of education at another institution.

(8)A [F6 dfnlocal authorityF6] in England may pay all or part of the reasonable travelling expenses of an adult—

(a)receiving education or training at an institution mentioned in subsection (2) or (3), and

(b)for whose transport no arrangements are made under subsection (1).

(9)In this section—

  • “adult” means a person who is neither a child nor a person of sixth form age,

  • “sixth form age” is to be construed in accordance with section 509AC(1), and

  • “relevant young adult” means an adult [F1097 for whom an EHC plan is maintained F1097] .

Definitions used in section 508F 6

local authority

“local authority” means—

(a)

a local authority in England;

(b)

a local authority in Wales;

Defined in s.579(1) · see it in the full Act
assisted

(6) Subject to subsection (7), an institution other than a school shall be regarded for the purposes of this Act as “assisted” by a local authority if the authority make to the persons responsible for its maintenance any grant in respect of the institution or any payment in consideration of the provision of educational facilities there.

Defined in s.579(6) · see it in the full Act

(5) For the purposes of this Act a school shall be regarded as “assisted” by a local authority who do not maintain it if the authority make to its proprietor any grant in respect of the school or any payment in consideration of the provision of educational facilities there.

Defined in s.579(5) · see it in the full Act
higher education

“higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 ;

Defined in s.579(1) · see it in the full Act
further education

(3) Subject to subsection (5), in this Act “further education” means—

(a)full-time and part-time education suitable to the requirements of persons who are over compulsory school age (including vocational, social, physical and recreational training) , and

(b)organised leisure-time occupation provided in connection with the provision of such education,

Defined in s.2(3) · see it in the full Act
child

“child” means a person who is not over compulsory school age;

Defined in s.579(1) · see it in the full Act
EHC plan

“EHC plan” means a plan within section 37(2) of the Children and Families Act 2014 ;

Defined in s.579(1) · see it in the full Act

Cases considering section 508F 4

HUR, R (on the application of) v Royal Borough of Greenwich

[2026] EWHC 1978 (Admin) · 30 July 2026Interprets

The court treated section 508F as imposing a duty to arrange transport and otherwise as the authority considers necessary for post-16 attendance, while leaving the form of support to rational discretion exercised in good faith and judiciously. Necessary transport must be free (see paras [24]-[27]; [30]-[33]).

Drexler, R (on the application of) v Leicestershire County Council

[2019] EWHC 1934 (Admin) · 19 July 2019Interprets

Section 508F requires local authorities to make transport arrangements necessary to facilitate attendance by adult learners and relevant young adults, subject to its statutory terms. It explained the paragraph 9.3 provision for older pupils. (see paras [43]-[48]) The provision requires arrangements for transport and related matters where the statutory purposes in subsections (2) and (3) apply. It formed part of the statutory explanation for the older learners’ transport provision. (see para [45]) Transport provided under section 508F(1) must be free of charge. This justified the difference between the 16-to-18 provision and the paragraph 9.3 provision for older learners. (see paras [45]; [48])

Staffordshire County Council v JM

[2016] UKUT 246 (AAC) · 23 May 2016Interprets

A local authority must make transport arrangements for an adult learner where it considers them necessary. Necessity is for the authority’s judgment, exercised judiciously and in good faith (see paras [34]-[36]). Applied to identify attendance at a qualifying further-education institution as a purpose for which transport arrangements may be necessary (see para [35]). Where transport arrangements are necessary under section 508F(1), they must be provided free of charge (see paras [35]-[36]). The authority must have regard, among other matters, to the learner’s age and reasonably available routes when deciding whether arrangements are necessary (see paras [34]-[36]). Where no arrangements are made under section 508F(1), the authority retains a residual discretion to pay all or part of reasonable travelling expenses (see paras [34]-[36]).

What each judgment says about section 508F is in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F1094Ss. 508F-508I inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 57(2), 269(4); S.I. 2010/303, art. 3, Sch. 2 (with art. 8)
  2. F1Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(3) (with Sch. 2 para. 7(4)(5))
  3. F6Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
  4. F1095Words in s. 508F(3) substituted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 7(3)(a)
  5. F1096Words in s. 508F(7) substituted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 7(3)(b)
  6. F1097Words in s. 508F(9) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 46; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505) this amendment is subject to savings and/or transitional provisions, see the commentary.