Every Child Deserves Safe School Transport

On Thursday 12th February I had the honour of leading the Adjournment Debate in the Commons on School Minibus Safety.

No parent should ever fear that their child might not return home safely from a school trip. Yet, for my constituents Liz and Steve Fitzgerald, that fear became a devastating reality. In November 1993, a minibus carrying fourteen children crashed on the M40 near Hagley. Twelve children and their teacher lost their lives, including their beloved daughter, Claire.

I met Liz and Steve while campaigning in my 2023 by-election. They courageously shared their story and invited me to support their ongoing campaign to make school minibuses safer. Since then, I have stood alongside them, advocating not just for children’s safety, but also for the teachers and staff responsible for transporting them. Over thirty years after that tragedy, while improvements like seatbelts and vehicle construction standards have been made, the regulatory framework governing who can drive school minibuses remains largely unchanged. Children’s safety should never be negotiable.

The system is built around Section 19 permits, introduced under the Transport Act 1985. These allow not-for-profit organisations, including schools, to operate minibuses without a full Public Service Vehicle Operator’s Licence. Drivers only need a standard car licence and are not required to complete professional training. Official guidance advises that drivers should be suitably trained and licensed, recognising that driving a minibus is not the same as driving a car. Yet, this guidance is advisory, and there are no checks by the Department for Education or Ofsted to ensure compliance. Schools are encouraged, but not required, to provide specialist training.

The origins of this system highlight the problem. Section 19 permits were shaped by European market rules designed to regulate competition, not by a careful review of child safety. The result is a framework that is fragmented, inconsistent, and confusing. Worse, it creates a two-tier system. Private schools that are not charities must meet full operator requirements: qualified drivers, appointed transport managers, vehicle maintenance standards, and regulated working hours. State schools operating under Section 19 permits, however, can transport children with minimal oversight, relying largely on guidance rather than law.

This inconsistency is unacceptable. A child’s safety should not depend on the type of school they attend, their postcode, or their family’s income. Yet across the UK, regulations vary, creating gaps in protection. In Northern Ireland, for instance, driving a minibus without a full D1 licence can constitute a disciplinary offence. In England, teachers over 21 with two years’ driving experience and a standard car licence can legally drive a minibus carrying children without mandatory training, even if they have previously failed a D1 test. This is a glaring contradiction. Professional passenger transport is strictly regulated, yet the most vulnerable passengers, schoolchildren, can be transported under a system with minimal safeguards.

The impact on teachers cannot be ignored. They are expected to operate complex vehicles, supervise children, and manage emergencies, often after a full teaching day. Many feel unqualified or pressured into driving minibuses, while others avoid it entirely due to stress and liability concerns. Lightweight minibuses, often converted vans, exacerbate the problem, lacking essential safety features while circumventing licensing requirements. The so-called “short distance exemption” further complicates matters, yet many schools regularly exceed these limits for activities, leaving parents unaware of the risks their children face.

It is clear that the current system fails both children and staff. Every child, regardless of school type, should travel in a vehicle that meets rigorous safety standards, driven by a trained professional.

Section 19 permits should be replaced with statutory regulation. Drivers should hold a full Passenger Carrying Vehicle licence, every fleet overseen by a qualified transport manager, and vehicles regularly inspected by DVSA. Lightweight minibuses should be phased out, legal grey areas clarified, and teacher wellbeing safeguarded by recognising minibus driving as a specialised responsibility. Transport safety should also be included in Ofsted inspections, and the long-term impact of accidents, including trauma, must be acknowledged.

Liz and Steve Fitzgerald’s courage reminds us why reform cannot wait. While campaigning for change, other tragedies have occurred, underscoring the urgent need for decisive action. Our children deserve a system that guarantees their safety, supports teachers, and removes inequalities inherent in the current framework. Safe school transport should be a right, not a lottery. It is time for the Government to act.