Parents considering legal action over NLC school transport cuts
High school pupils living up to 3 miles away were told they'd have to make their own way to school - a similar approach could be taken with primary aged children.
Campaigners fighting cuts to free school transport allocation in North Lanarkshire are telling Clyde 1 they have grounds to take legal action against the council for failing to deliver safe walking routes.
In August 2024, North Lanarkshire Council announced that only children who live more than three miles from their high school will be eligible for free transport, a drop down from the current two mile requirement.
Similar proposals are being considered for primary school aged children, but the allocation would rise from one mile, to two.
Concerned parents have campaigned against this change for the last 18 months, arguing that the walking routes identified for children and unsuitable due to busy roads, poor lighting and lack of footpaths.
Similarly, campaigners argue that children who attend faith schools will be disproportionately impacted if further changes to primary transport go ahead in 2025.
Under section 70 of the Education (Scotland) Act 1980, parents can make a complaint to Scottish Ministers where they believe that North Lanarkshire Council as an education authority has failed to carry out a duty that they are required to carry out under an education enactment.
The law gives a discretionary power to the Scottish Ministers to make an order to enforce a statutory duty to be carried out.
To establish that there is a failure, parents and the council will need to provide evidence to establish the validity of the complaint.
If it appears that there has been a failure, Education Scotland will investigate the case and act as advisors to the Scottish Ministers.
Parents say they are now in talks with lawyers to consider this option on the grounds of poor processes, consultation and engagement, equality, and safety.
However, a full council meeting last week agreed to review the criteria used to assess walking routes.
'We have a strong case'
Kerry Anne Ferrie is mum to an eight-year-old son who attends Cathedral Primary in Motherwell.
She said: "I feel just totally disappointed in our elected members, they're just not listening.
"We're exhausted and feeling pure frustration and we feel someone needs to look at these processes thoroughly because it's just not acceptable.
"The promises of robust walking assessments, the disproportionate impact on children going to faith schools being addressed, children being taken into account and engagement with stakeholders... councillors all voted on the premise this would take place.
"What we've seen has been nothing short of a disaster.
"We've been advised that submitting a complaint under Section 70 under the Education Act would be a good next step in our campaign, so we've decided to consider that.
"The Council might feel legally strong, but that's because nothing has ever been tested on this before.
"We feel when it comes to child safety with the routes, and equality with children attending faith schools being disproportionately impacted, that we have a strong case."
Walking routes to be reviewed
A council spokesperson said, “To make savings, it was agreed to change the qualifying distance criteria for pupils requiring home-to-school transport to be in line with 27 out of the 32 local authorities in Scotland.
"A comprehensive consultation was carried out with stakeholders, pupils and parents, which included nine drop-in sessions.
"In addition, an assessment programme of all school walking routes was carried out by independent infrastructure specialists and some have been reviewed following requests from parents.
“At a meeting of the council on Thursday 3 October, it was agreed to establish a member/officer working group to examine the criteria for providing school transport, taking into account pupil safety.
"This will include consideration of factors such as the nature of walking routes.
“Any recommendations from the report will be submitted at a meeting of the council in due course.
"By law parents and carers have a legal duty to ensure their child gets to school safely."
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