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 of the local Authority exercising its administrative discretion in the circumstancs of each case. There was material before them to support their conclusion, and it could not be set aside. Lord Keith: ‘It is section 55(1) under which a local education authority provides free transport to and from school for pupils who reside outside the statutory walking distance. In the case of such pupils a local education authority would be acting unreasonably if it decided that free transport was unnecessary for the purpose of providing their attendance at school, because if it were not provided the parents of these pupils would be under no legal obligation to secure their attendance’.
Judges:
Lord Keith
Citations:
[1989] 1 AC 574, [1988] 3 WLR 1386
Statutes:
Education Act 1944 39(2)(c)(5) 55(1)
Jurisdiction:
England and Wales
Citing:
Approved – Surrey 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 . .
Cited by:
Cited – Regina 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 . .
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 . .
Cited – Regina v Islington London Borough Council, ex parte G A (a Child) Admn 20-Oct-2000
The child was severely disabled and was to be schooled as a weekday boarder 75 miles from home. He sought assistance with the travelling expenses when his condition worsened and the arrangements became more burdensome.
Held: It was not open to . .
Lists of cited by and citing cases may be incomplete.
Education, Administrative
Updated: 29 April 2022; Ref: scu.183060