Case overview

A local authority (LA) had a transport policy for sixth-form age young people which said that:

• unless there were exceptional circumstances, these young people would not be awarded discretionary travel assistance, and
• a parent's working pattern would not normally considered a good reason for them being unable to accompany their young person to school​.

The young person had received a home-to-school travel arrangement in Year 12 because the LA decided  it was not possible for the young person’s mother to take them to their special school. She was a single parent and the sole income earner for the family.

The next academic year, the LA offered a bus pass instead, but the parent challenged this because the young person could not travel on public transport and her circumstances had not changed. The LA then offered a lump sum payment and said that the parent should use her Motability car to take the young person.

As the parent had previously told the LA, she was not able to change her shifts and the only option would be to leave her job, so she took legal steps called a judicial review, saying that the decision the LA made was irrational.  The High Court agreed saying:

• LAs should not have a blanket policy of never providing discretionary travel, and
• must properly consider a parent’s reasons why their child's circumstances are exceptional and justify them being provide with travel support to school.​

It also decided:

•  the LA was wrong not to consider whether it was reasonable to expect the parent to have to give up work, and
• by ignoring  the fact she was single and the sole earner, the LA had made an irrational decision.

The High Court ordered the LA to re-assess the young person’s travel package.

What does this mean?

When making decisions about transport arrangements, an LA:

• should not have a blanket policy of never providing discretionary travel arrangements, and
• has to properly think about, and take account of, the reasons a parent gives about their child or young person’s circumstances.

Read the full case.