Education Act 1996, section 509AB

Local authorities in England: further provision about transport policy statements for persons of sixth form age

Part IX Ancillary functions

(1)A statement prepared under section 509AA shall state to what extent arrangements specified in accordance with subsection (2) of that section include arrangements for facilitating the attendance at establishments such as are mentioned in that subsection of disabled persons and persons with learning difficulties [F1117 or disabilitiesF1117] .

(2)A statement prepared under that section shall—

(a)specify arrangements for persons receiving full-time education or training at establishments other than schools maintained by the [F6 local authorityF6] which are no less favourable than the arrangements specified for pupils of the same age attending such schools, and

(b)specify arrangements for persons with learning difficulties [F1118 or disabilitiesF1118] receiving education or training at establishments other than schools maintained by the authority which are no less favourable than the arrangements specified for pupils of the same age with learning difficulties [F1118 or disabilitiesF1118] attending such schools.

(3)In considering what arrangements it is necessary to make for the purposes mentioned in subsections (2) and (3) of section 509AA the [F6 local authorityF6] shall have regard (amongst other things) to—

(a)the needs of those for whom it would not be reasonably practicable to attend a particular establishment to receive education or training if no arrangements were made,

(b)the need to secure that persons in their area have reasonable opportunities to choose between different establishments at which education or training is provided,

[F1119 (ba)what they are required to do under section 15ZA(1) in relation to persons of sixth form age,F1119]

(c)the [F1120 distances, and journey times, betweenF1120] the homes of persons of sixth form age in their area [F1121 and establishmentsF1121] such as are mentioned in section 509AA(2) at which education or training suitable to their needs is provided, and

(d)the cost of transport to the establishments in question and of any alternative means of facilitating the attendance of persons receiving education or training there.

[F1122 (3A)In considering whether or not it is necessary to make arrangements for those purposes in relation to a particular person, a [F6 dfnlocal authorityF6] in England shall have regard (amongst other things) to the nature of the route, or alternative routes, which he could reasonably be expected to take.F1122]

F1123(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In preparing a statement under section 509AA a [F6 local authorityF6] shall have regard to any guidance issued [F1124 under this section by the [F1125 Secretary of StateF1125] .F1124]

(6)In preparing a statement under that section a [F6 local authorityF6] shall consult—

(a)any other [F6 local authorityF6] that they consider it appropriate to consult,

(b)the governing bodies mentioned in subsection (4) of that section,

F1126(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1127 (ca)persons in the local authority's area who will be of sixth form age when the statement has effect, and their parents,F1127]

(d)any other person specified [F1128 for the purposes of this section by the [F1129 Secretary of StateF1129] F1130 ...F1128]

(7)In preparing a statement under that section a [F6 local authorityF6] shall also consult—

(a)where they are [F1131 a district council for an areaF1131] in a metropolitan county, the [F1132 Integrated Transport AuthorityF1132] for that county, and

(b)where they are [F1133 a London borough council or the Common Council ofF1133] the City of London, Transport for London.F1115]

[F1134 (7A)In preparing and publishing a statement under section 509AA, a [F6 local authorityF6] must have regard (among other things) to the need to—

(a)include in the statement sufficient information about the matters that the statement must specify, and

(b)publish the statement in time,

to enable persons who will be of sixth form age when the statement has effect and their parents to take reasonable account of those matters when choosing between different establishments at which education or training is provided.F1134]

F1135(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 509AB 8

establishment

“establishment” means an establishment of any kind, including a school or institution;

Defined in s.509AC(5) · see it in the full Act
disabled person

“disabled person” has the same meaning as in the Equality Act 2010 ;

Defined in s.509AC(5) · see it in the full Act
disability

(4) “Disabled child” means a child who has a disability for the purposes of the Equality Act 2010 , and “disability” is to be construed accordingly.

Defined in Sch.35B para.15(4) · see it in the full Act
school

(1) In this Act (subject to subsections (1A) to (1C) ) “school” means an educational institution which is outside the further education sector and the wider higher education sector and is an institution for providing—

(a)primary education,

(b)secondary education, or

(c)both primary and secondary education,

Defined in s.4(1) · see it in the full Act
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
pupil

(3) The definition of “pupil” in subsections (1) and (1A) also apply (unless the context otherwise requires) for the purposes of any instrument made or having effect as if made under the Education Acts.

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

(1) In this Act “pupil” means a person for whom education is being provided at a school, other than—

(a)a person who has attained the age of 19 for whom further education is being provided, or

(b)a person for whom part-time education suitable to the requirements of persons of any age over compulsory school age is being provided.

Defined in s.3(1) · see it in the full Act
governing body

“governing body”, in relation to an institution within the further education sector, has the same meaning as in the Further and Higher Education Act 1992 .

Defined in s.509AC(5) · see it in the full Act
parent

(1) In this Act, unless the context otherwise requires, “parent”, in relation to a child or young person, includes any person—

(a)who is not a parent of his but who has parental responsibility for him, or

(b)who has care of him,

Defined in s.576(1) · see it in the full Act

Cases considering section 509AB 3

TYC, R (on the application of) v Birmingham City Council

[2025] EWHC 623 (Admin) · 13 March 2025Interprets

The court treated sections 509AA and 509AB as creating a discretionary regime for sixth-form transport rather than an absolute entitlement, including for young persons with disabilities or special educational needs. The statutory framework supported the validity of the Council’s general policy, subject to reasonable consideration of exceptional circumstances (see paras [9]-[17]).

A v North Somerset Council

[2009] EWHC 3060 (Admin) · 5 November 2009Interprets

The judgment treats the provision as a discretionary transport regime requiring attention to relevant circumstances rather than imposing an absolute entitlement. The panel could balance individual needs, suitability and cost (see paras [5]; [31]; [45]-[46]). The provision is used to frame the requirement that arrangements for learners outside maintained schools should be no less favourable than those for same-age school pupils. The court rejected the alleged inequality because transport remained available to the nearer suitable college (see paras [43]-[44]). The provision was relied on in the equality challenge. The court held that the policy, read as a whole, sufficiently addressed the comparison between school and college transport arrangements (see paras [43]-[46]). The provision is quoted as addressing arrangements for learners with learning difficulties. It supports the statutory context requiring attention to disability-related needs (see para [5]). The judgment recognises the provision as permitting consideration of discretionary factors, including reasonable practicability and cost. The policy was not unlawful merely because it did not separately state every relevant factor (see paras [7]; [45]-[46]).

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

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

Section 509AB was referred to as containing criteria for policies concerning transport for sixth-form-age students, including access, choice, cost and travel beyond local authority boundaries. (see para [46])

What each judgment says about section 509AB is in the case-law panel in the full Act.

Amendments and notes

23 notes from legislation.gov.uk

Amendments

  1. F1115S. 509AB inserted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 4 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II
  2. F1116Words in s. 509AB title substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 10(2); S.I. 2009/3317, art. 2, Sch.
  3. 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))
  4. F1117Words in s. 509AB(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 48(2); 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.
  5. 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))
  6. F1118Words in s. 509AB(2)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 48(3); 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.
  7. F1119S. 509AB(3)(ba) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 53, 269(4); S.I. 2010/303, art. 3, Sch. 2
  8. F1120Words in s. 509AB(3)(c) substituted (7.3.2009) by Education and Skills Act 2008 (c. 25), ss. 83(a), 173(4); S.I. 2009/387, art. 3(1) (with art. 3(2))
  9. F1121Words in s. 509AB(3)(c) substituted (7.3.2009) by Education and Skills Act 2008 (c. 25), ss. 83(b), 173(4); S.I. 2009/387, art. 3(1) (with art. 3(2))
  10. F1122S. 509AB(3A) inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 10 para. 5(a); S.I. 2007/935, art. 5(ee)
  11. F1123S. 509AB(4) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(3)(a), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1
  12. F1124Words in s. 509AB(5) substituted (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(3)(b); S.I. 2009/371, art. 2(1), Sch. Pt. 1
  13. F1125Words in s. 509AB(5) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 30(a) (with art. 2(3))
  14. F1126S. 509AB(6)(c) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 30(b), Sch. 2 Pt. 1 (with art. 2(3))
  15. F1127S. 509AB(6)(ca) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 54, 269(4); S.I. 2010/303, art. 3, Sch. 2 (with art. 8)
  16. F1128Words in s. 509AB(6)(d) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 83(2)(b), 188(3); S.I. 2007/935, art. 5(o) (with art. 8(7))
  17. F1129Words in s. 509AB(6)(d) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 30(c) (with art. 2(3))
  18. F1130Words in s. 509AB(6)(d) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(3)(c)(ii), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1
  19. F1131Words in s. 509AB(7)(a) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(11)(a)
  20. F1132Words in s. 509AB(7)(a) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), Sch. 4 paragraph 60(2).
  21. F1133Words in s. 509AB(7)(b) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(11)(b)
  22. F1134S. 509AB(7A) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 55(1), 269(4); S.I. 2009/3317, art. 2, Sch. (with art. 3)
  23. F1135S. 509AB(8) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 30(d), Sch. 2 Pt. 1 (with art. 2(3))