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 parents would have a defence to an accusation of not sending their child to the Welsh language school, there was a duty on the local authority to provide free transport. The alternative was not suitable. The court had ‘no reason to doubt the sense of requiring that transport be made available if otherwise a sanction against truancy would be unenforceable.’

Judges:

Mr Justice Collins

Citations:

[2004] EWHC 1376 (Admin), Times 25-Jun-2004

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedDunnachie v Kingston-upon-Hull City Council HL 15-Jul-2004
The claimant sought damages following his dismissal to include a sum to reflect the manner of his dismissal and the distress caused.
Held: The remarks of Lord Hoffmann in Johnson -v- Unysis were obiter. The court could not, under the section, . .
CitedSurrey County Council v Ministry of Education 1953
The council had a scheme whereby for those who lived more than the walking distance from a school, only transport from their homes to the walking distance would be free. The scheme failed because transport has to be to and from school. A local . .
CitedRegina v Vale of Glamorgan County Council ex parte J CA 27-Apr-2001
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 . .
CitedRegina 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 . .
CitedRe Hetherington 1990
The court looked to whether a decision of a superior court was binding when the point had not been argued: ‘In my judgment the authorities clearly establish that even where a decision of a point of law in a particular sense was essential to an . .
CitedIn Re S CA 1995
Parents wanted their children to attend English middle schools in Wales. The Court dealt with the argument that the objective suitability of the nearer school had to be considered by the court on judicial review. Alternatively, it was argued that it . .
CitedRegina v Rochdale Metropolitan Borough Council, ex parte Schemet QBD 1993
The court considered the withdrawal of a policy whereby the local authority paid travelling expenses for the attendance of pupils at denominational schools outside the area.
Held: Relief was granted. The authority should have consulted those . .
CitedRegina v Dyfed County Council Ex Parte S (Minors) QBD 21-Dec-1993
No Judicial Review was available for English speaking children who had allocated to a Welsh speaking school. . .
CitedRe C (a minor) CA 1994
The question was whether a school which was not that of parental choice could be regarded as suitable or, to put it the other way round, whether free transport had to be provided where a parent had chosen a school which was not the nearest to the . .
CitedRe C (a minor) CA 1994
The question was whether a school which was not that of parental choice could be regarded as suitable or, to put it the other way round, whether free transport had to be provided where a parent had chosen a school which was not the nearest to the . .
CitedRegina v Bedfordshire County Council ex parte DE 1-Jul-1996
. .
CitedRegina v Dyfed County Council Ex Parte S (Minors) CA 25-Jul-1994
No objection was to be taken for English children sent to mainly Welsh speaking school. They were not entitled to transport to a school with a greater number of English speakers. . .

Cited by:

See AlsoCeredigion County Council v Jones and others HL 23-May-2007
The parties had disputed the provision of free travel to school, and permission had been granted for a leapfrog appeal direct to the House of Lords. The Council then sought instead to take the matter to the Court of Appeal. The claimants said that . .
Lists of cited by and citing cases may be incomplete.

Education, Local Government

Updated: 04 June 2022; Ref: scu.198304