Nicholas Hancox

This Practice Note explains that every English local authority must develop for approval a school travel scheme under the Education Act 1996, s 508E for children of compulsory school age, and that unless and until an approved school travel scheme has been implemented, the local authority must provide other travel arrangements for every eligible child. Each school travel scheme must include a policy on charging the parents (or their children) for home-to-school travel, although protected children must travel free of charge. It also discusses case law relating to school transport, and legislation on out-of-school trips.

This Practice Note explains that the quality of highway maintenance required depends on the expected ordinary traffic on the highway in question. It also explains that individuals who sustain injury from danger on a highway can sue the highway authority for negligence and that if the highway authority can prove it took reasonable care it has a statutory defence under the Highways Act 1980. It also notes that at common law, the duty is to keep the highway in reasonable condition, not improve it. The authority must conduct routine inspections of the highway surface and have a system for incoming reports of damage, but the duty to keep the highway in repair does not extend to the damage done by extraordinary traffic.