Claimants get green light for legal challenge to post-16 school transport policy of county council

Must read

Families refusing access to support

Is home a suitable option for residence and care for a vulnerable adult if their family refuses access to support? Sophie Holmes analyses a recent ruling.

Families refusing access to support

A High Court judge has granted permission for a claim for judicial review against Hampshire County Council’s Post 16 School Transport Policy.

Details: 28.Apr.2020

Related Articles

Letter to Guardian from celebrities and others warns government against removing EHCPs

Figures showing “record breaking” demand for support spark renewed calls for government to write off SEND deficits

Academy defeats High Court legal challenge to permanent exclusion

Education Secretary appoints Gilbert as next chair of Ofsted

Councils call for rebuilding of inclusive capacity and reformed legislative framework for SEND system

Mrs Justice Lang granted permission for the challenge on 24 April 2020 following a remote hearing.

39 Essex Chambers’ Katherine Barnes, instructed by Alice Cullingworth at Irwin Mitchell, acted for the claimants.

The set said that in summary Hampshire’s policy levies a financial contribution on the families of disabled teenagers for transport to and from their place of education where the relevant household’s income exceeds £16,190.

The claimants, two disabled young men, contend that:

the policy is effectively a blanket policy such that the council has fettered its discretion;
the council acted irrationally by considering whether it should depart from the policy in each of their cases with reference to the £16,190 income threshold which forms part of the policy in any event.

Hampshire County Council has been approached for comment.