The Earl of Effingham (Con)

I shall speak to all the amendments in this group standing in my name. We must support our most vulnerable people, and we believe that His Majesty’s Government should prioritise SEND pupils when considering school bus services. Amendment 65 would place a vital obligation on local transport authorities to have due regard to the needs of pupils with special educational needs and disabilities when planning, commissioning or providing home-to-school bus services. We often speak in your Lordships’ House of our duty to ensure that every child has access to education, yet for many SEND pupils the journey to school is fraught with obstacles. Transport is not merely a logistical issue; it is a fundamental enabler of equality. Without suitable and reliable transport, education itself becomes inaccessible. This amendment acknowledges a simple but often overlooked reality: that children with SEND require transport that is adapted to their needs, ensuring safety, accessibility and dignity. It is not enough to assume that standard transport provisions will be sufficient. Many of these pupils require accessible vehicles, safe and structured travel arrangements and, in some cases, specialist support during transit. Without these measures, their journey to school can be distressing, unsafe, or even impossible. Flexibility is key. The needs of SEND pupils vary widely. Some require physical adaptations, while others need assistance due to sensory sensitivities or cognitive challenges. A rigid, one-size-fits-all approach will not work. Local transport authorities must recognise the diversity of needs and build flexibility into their transport planning, ensuring that no child is left behind. This amendment also speaks to the broader issue of inclusion. If we are to uphold the principle that SEND pupils have a right to mainstream education on an equal basis with their peers, we must ensure that they can physically access their schools. The provision of suitable transport is not an additional benefit—it is a necessity. This is not about adding burdens to local authorities; it is about embedding fairness and inclusion in our transport system. It is about ensuring that SEND pupils are a priority in our transport planning. With Amendment 66, we must ensure that pupils attending schools outside their local transport authority’s boundary are not disadvantaged. This amendment requires LTAs to work collaboratively with neighbouring authorities to co-ordinate travel arrangements that are reasonable and accessible. Given the potential impact of franchising in certain areas, there is concern that changes to bus routes may inadvertently disrupt essential school transport services. This amendment ensures that LTAs take this issue into account when making transport decisions. It is crucial that the Secretary of State provides guidance on co-ordinating cross-authority travel and evaluates its effectiveness at regular intervals. This will help to address any barriers preventing pupils, particularly those with SEND, accessing their education due to inadequate transport links. Amendment 67 also comes in the context of a wider concern, which is His Majesty’s Government’s VAT on private school fees. The implementation of VAT on private school fees has caused financial strain on many families, but particularly those with SEND children. The Telegraph has reported that inconsistencies between Treasury and HMRC guidelines have resulted in some private schools having to add VAT to fees for essentials such as school lunches. Furthermore, the decision to push through the VAT levy during the academic year, without providing schools adequate time to adjust, has placed additional burdens on families. Not all SEND pupils have education, health and care plans. This means that many parents have been forced to pay transport fees out of pocket to ensure that their children’s needs are met. We are simply asking for a review by the Secretary of State and consideration of an exemption on bus services for SEND pupils. As I said earlier, this is not about adding burdens to local authorities; it is about ensuring that SEND pupils and those who travel across authority boundaries are a priority. The Government have said they want to ensure that all children have the best chance in life to succeed—and that is, of course, absolutely correct. Fairness should extend to all pupils, particularly those with SEND, regardless of where they receive their education. On Amendment 68, please let me highlight the critical issue raised in this amendment, which seeks to review the impact of national insurance contribution increases on transport services for those children with special educational needs and disabilities. The proposed increase in employer national insurance contributions will create a serious financial strain on private bus operators that provide SEND transport services. Many of those providers already work within narrow financial margins, and the increase in employment costs will likely make it financially unsustainable for some of them to continue offering their essential services. The Confederation of Passenger Transport has estimated that this will cost the bus industry a total of £100 million. For a bus driver earning £30,000 per annum, the additional cost will be approximately £800 per year. This is a significant burden for small and medium-sized private operators, many of which already struggle to remain profitable in an industry with tight margins. If these private providers can no longer afford to maintain SEND bus services, local councils will be forced to step in, which means they will need to retender thousands of contracts—an administrative process that could take months. Delays in retendering would cause disruption to transport services, leaving vulnerable children without the critical support that they need to attend school. Such delays could also affect the quality of services, as new providers may not be able to offer the same level of expertise or flexibility that the private operators previously provided.