R vs Hereford and Worcester County Council, ex parte P (1992)

This was a challenge to the arrangements made for transporting a boy with Down’s Syndrome to a special school. The parents believed that the journey would take so long that their son would arrive at school in no fit state to learn anything.

The judge ruled as follows:

“it is implicit in section 55(1) of the Education Act 1944 that the LEA is under a duty to make such arrangements as it considers necessary for a child to reach school without undue stress, strain or difficulty such as would prevent him from benefiting from the education the school has to offer ... it follows that where a child with special educational needs requires transport to get him to school the transport which the LEA proposes to make available must therefore be non-stressful transport … ”

“Where a child with special educational needs requires transport to get him to school the transport which the LEA proposes to make available must therefore be non-stressful transport.”

“Where a child with special educational needs requires transport to get him to school the transport which the LEA proposes to make available must therefore be non-stressful transport.”