School Minibus Safety

There is also clear confusion and inconsistency in the system. Guidance on section 19 permits has been interpreted in different ways, and some local authorities and academy trusts apply their own requirements that differ from national guidance. That uncertainty does not make children safer. The NASUWT teaching union has described the current regime as “not fit for purpose”, and a 2024 survey found inconsistent compliance with legal requirements and guidance across many schools. In some cases, management is aware of the shortcomings. In others, problems arise because guidance is unclear and training is lacking. Vehicle faults and poor maintenance have been identified, leaving teachers unknowingly responsible for the vehicle’s roadworthiness. The same survey found that 24% of teachers felt pressured to drive a minibus despite feeling unqualified to do so. Although NASUWT guidance is available to teachers, the union ultimately advises staff not to drive minibuses at all, due to the legal, safety and personal liability risks involved.

Concerns have also been raised about the use of lightweight minibuses, which are basically converted vans fitted with seats. Many of these vehicles weigh less than 3.5 tonnes, which allows schools to bypass the training and licensing requirements that would otherwise apply to those who obtained their category B car licence after 1997. In effect, these vehicles have become a cheaper workaround for schools, but that cost saving comes with significant safety compromises: these lightweight minibuses often lack essential features such as side impact protection or full airbag coverage, leaving children and staff more vulnerable in the event of a collision. In practice, gross vehicle weight limits are not always routinely checked before journeys begin. Many teachers are unaware that once they take a vehicle on to the road, they are legally responsible for not only their driving but ensuring that the vehicle is roadworthy and compliant with regulations.

This combination of under-equipped vehicles, insufficient oversight and limited professional training creates a serious safety risk. Teachers can find themselves responsible for dozens of children in a vehicle that is not designed to carry them safely, with no back-up if something goes wrong. The risk is not theoretical; it is a real and present danger that must be addressed. We should not accept a system where cost, convenience or outdated loopholes determine the level of protection that children receive. Every child, in every school, should be transported in a vehicle that meets robust safety standards, driven by someone who is properly trained, and supported by a clear and enforceable legal framework.

The so-called short distance exemption further complicates matters. Section 19 permits assume that journeys will normally take place within a 10-mile radius, except in rural areas, but many schools, including church schools and large multi-academy trusts operating across several counties, regularly travel well beyond that distance for sports fixtures and other activities. When what is meant to be exceptional becomes routine, it is reasonable to ask whether the legal framework is still fit for purpose.

At the same time, parents are often unaware of the regulatory distinctions that underpin school transport. Traditional written consent forms once gave parents a clear understanding of arrangements. Increasing reliance on digital systems means that many parents simply assume that robust, uniform standards are already in place. How many parents have been informed prior to a trip and asked whether they were happy for their child to be driven in a minibus by a teacher or staff member who could not demonstrate the level of training required for professional minibus operators?

Everything that we have heard and considered today makes it clear that the current system is failing both children and staff. We are allowing a two-tier approach to safety, where the protection that a child receives depends on the type of school that they attend. That cannot continue.

The professionalisation of school minibus driving must be mandated. All drivers should hold a passenger carrying vehicle licence or D1 qualification in order to operate a school minibus. Every school fleet should be overseen by a transport manager, and drivers must undergo checks on eyesight, health and driving records.

The use of lightweight minibuses must be phased out or banned. Children should travel in vehicles built to proper safety standards, not those chosen to save costs. A national inspection and enforcement regime must be introduced. DVSA inspections should cover all school transport, not just commercial operators, with vehicles and drivers tracked in a centralised, transparent system.

Legal grey areas must be clarified. Government guidance should remove ambiguity around terms such as “volunteer”, “hire or reward” and “non-commercial”, and the guidance must be court-tested and enforceable.

Teacher wellbeing and safety must be protected. Driving duties should not fall to teachers after a full working day. Minibus driving should be recognised as a specialised responsibility in schools, not an informal task. We also believe that transport safety should be included in Ofsted inspections, and the long-term impact of accidents on both pupils and staff, including mental health and trauma, must be taken seriously.

In closing, these are not abstract or minor reforms. They are essential steps to ensure that every child can travel safely to and from school activities, and that the adults entrusted with that responsibility are fully supported, trained and accountable. I think of Liz and Steve Fitzgerald, and the courage it has taken them to turn their personal tragedy into a tireless campaign for safer school transport. Their determination reminds us all why reform cannot wait, because sadly during the time that we have been campaigning together and meeting Ministers, other such tragedies have occurred.

I urge the Government to take steps to close the ambiguity and to further their aims for road safety for all who use them. Our children deserve nothing less than a system that guarantees their safety, values the teachers who transport them and removes the inequalities and risks that underpin the current framework. It is time for decisive action. I thank the Minister for coming here today and I commend this debate to the House.

Driving a minibus usually requires D1 entitlement on a licence, as my hon. Friend said, but a vehicle with a section 19 permit can also be driven by someone with two different types of entitlement. First, prior to 1997, car driving licences came with an automatic form of D1 entitlement. Secondly, there are more limited circumstances in which a minibus can be driven on a car—category B —driving licence. Those circumstances include being 21 or older, having held the licence for at least two years, driving on a voluntary basis where a minibus is being used for social purposes by a non-commercial body, and meeting vehicle weight restrictions.

Even though permits are not a full operator licence, holding them comes with important responsibilities and obligations. Operating and driving minibuses is never to be taken lightly. To support permit holders with their responsibilities, we publish guidance to promote and support the correct and safe use of vehicles operating under permits. That guidance sets out the permit rules and the responsibilities of permit holders, including schools, for ensuring the safe operation of vehicles. Those responsibilities include vehicle maintenance, for which the guidance sets out recommended arrangements.

The guidance also covers the need to ensure that drivers are correctly trained, have the correct driving licence and take adequate breaks. It notes, for example, that drivers should plan more rest breaks than are set out in the regulations if they do not drive for a living, and that drivers should be given clear, written instructions about their responsibilities covering all aspects of vehicle operation. The guidance further sets out that all drivers should be aware of the risk to passenger safety from driving when tired, and that it is not sensible to start a long trip after a full day’s work, whether that work involves driving or not. I might add that no driver—teacher or otherwise—should ever be put under pressure to drive a minibus.

In addition to the overarching sections 19 and 22 permit guidance, we have specific guidance for schools and local authorities on driving school minibuses. That was published jointly with the Department for Education, and it outlines driving licence entitlements, training, insurance and other legal requirements. It is of course important that all our guidance is as clear, direct and helpful as it can be to end users, and I am always open to hearing about ways in which anyone thinks it could be improved. I also acknowledge the work of the minibus driver awareness scheme—MiDAS—administered by the Community Transport Association and, I understand, used by many schools, in contributing to the improved safety of minibus drivers.

Notwithstanding everything that is currently done to support permit users, my hon. Friend raised important and well-expressed challenges, and they warrant further thought. I acknowledge, for example, her argument about different rules applying to different sorts of schools, and the importance of children being safe regardless of such distinctions. The section 19 permit framework has wide-ranging benefits, but it is right for us to keep challenging ourselves to ensure that the system is striking the correct balance between flexibility and safety. I know that my hon. Friend recently met the Minister for School Standards, and I can commit that Ministers in both Departments will meet to discuss the subject further. I welcome my hon. Friend’s suggestions, and I am sure that they will form the basis of part of that meeting.

The Government take road safety very seriously, as shown by the publication of our road safety strategy last month, which my hon. Friend recognised. The strategy sets out a clear and ambitious path to improve road safety in Great Britain, and its targets include a 70% reduction in the number of children under 16 killed or seriously injured on roads in Great Britain by 2035. As she will know, the strategy also includes measures around safe road users and safe vehicles, and proposes further action in relation to those who drive for work. We plan to develop and launch the national work-related road safety charter later this year, and I will raise with my officials the point that she raised in relation to schools.

I thank my hon. Friend again for her continued interest in, and advocacy on, this very important subject.