The applicant sought assistance in getting to school by way of free transport. The education authority refused. He had moved school after racially motivated bullying. He was due to move to secondary school and sought to be sent to another racially mixed school, where again he would need financial assistance for his transport.
Held: The court could not assume the difficulties experienced at the feeder school would recur in the Secondary school. There was confusion as to whether a place was available at the local secondary school. Case law suggested that if a parent would be prosecuted for failing to ensure the child attended school, and the distance was sufficient, then it was right that the authority should provide free transport. In this case however the child was attending his school, and was happy there. It was properly within the Authority’s discretion to refuse to pay.
Judges:
Lord Justice Schiemann, Lord Justice Chadwick, And Sir Christopher Staughton
Citations:
[2001] EWCA Civ 593, [2001] ELR 758
Links:
Statutes:
Education Act 1996 411 444 509
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Kent County Council ex parte Corby Admn 14-Feb-1997
. .
Cited – Regina v Devon County Council, ex parte George HL 1989
A child lived 2.8 miles from school. The journey was rural and unlit. Whe he was 8, the education authority withdrew free transport saying it was practicable for a parent to walk with him.
Held: The decision whether to offer support was that . .
Cited by:
Cited – Jones, Regina (on the Application of) v Ceredigion County Council Admn 22-Jun-2004
The parents lawfully chose to send their child to a Welsh language school. The authority refused to provide free transport on the basis that a nearer school was available even though it was not a Welsh language school.
Held: Provided the . .
Lists of cited by and citing cases may be incomplete.
Education
Updated: 31 May 2022; Ref: scu.147521
