Local Authority Tried To Replace Escorted Travel Plan For Severely Disabled Boy With Cash Equivalent of a Public Bus Pass

The High Court has ordered a council to re-assess the transport package it provides to a severely disabled teenager after it offered them the cash equivalent of a bus pass to get to school.

Birmingham City Council replaced the school travel arrangements of a 17-year-old boy, which included a minibus and an adult escort, with a reduced package that didn’t include them.

Instead, the council offered the boy, who uses a wheelchair, the cash equivalent of a bus pass for public transport and claimed their mum should take them to school, despite her not being in a position to do so due to her working pattern. The local authority said that her needing to work wasn’t an excuse.

Mum instructs lawyers to investigate

The boy and their mum, who can’t be named for legal reasons, instructed specialist education law lawyers at Irwin Mitchell to investigate and apply for a judicial review of the council’s decision in the High Court.

The legal experts argued the council’s decision didn’t account for the impact of the changes on her son; or that taking them to school would put her job at risk.

Following legal submissions by Ollie Persey and Alex Temple Specialist Counsel of Garden Court Chambers, instructed by Irwin Mitchell, the High Court has handed down judgment, ordering that the boy’s transport package be re-assessed by the council.

The court found it irrational that the council had accepted the family’s exceptional circumstances in the past, only for these not to apply 12 months later. The judgment said the council had failed to consider that as the family’s sole breadwinner, the mum would need to give up work altogether to take her son to school, rather than just change her working patterns.

The teenager has several medical diagnoses that effect their mental and physical health, including autism and dyspraxia, plus complex learning difficulties.

The mum welcomed the court’s decision, which she said was vital for her son’s continued wellbeing. She believes the judgment will offer hope to other families struggling to match coping with the demands of supporting young people with disabilities and the realities of everyday life.

Rachael Smurthwaite is the specialist education lawyer at Irwin Mitchell, representing the family.

Expert Opinion

“The news that the High Court has ordered the council to re-assess the home to school travel package is a victory for the mum, her son and others caring for post-16 young people with special needs who may find themselves in a similar situation.

“In this case, the mum had very real concerns that the proposed changes by the council would have a significant impact on her son’s ability to get to school and their overall wellbeing.

“With the potential impact of the changes on her son, and the risk of losing her job if the original assessment stood, the family felt there was no option but to bring this legal case.

“Such changes to transport provision have the potential to affect many families in a similar position and this case could have implications for other families with young people living with SEN. Many parents struggle with the practicalities of ensuring their young people can live a normal life and have the same legally entitled access to education as others.” Rachael Smurthwaite

Given the boy’s specific needs, council funded transport always included a minibus and an adult escort to take them to school. The boy’s mother applied for the package again in March, 2024, ahead of the new academic year and was offered a bus pass.

The mum’s appeal was rejected with the council arguing she could accompany her son and that her needing to work wasn’t an excuse. The rejected appeal said the council’s post-16 travel assistance policy had changed.

A second appeal was launched. The mum highlighted that the council had mistaken the distance by using the wrong school site and that her son couldn’t navigate a busy road alone in his wheelchair and using a public bus with unknown people would cause him trauma.

The second appeal was upheld in August but the family were granted £315 for the year to secure transport – the equivalent of the bus pass previously offered. The appeal panel stated the family had a Motability car, that her son only used a wheelchair occasionally and that working patterns weren’t considered good reasons for a parent being unable to accompany their child.

Following the appal panel hearing, the mum instructed lawyers at Irwin Mitchell.

It argued the council’s decisions didn’t take into account the boy’s severe disabilities or the fact his mum was a single parent and sole breadwinner. Lawyers said that the mum worked shifts and failing to take them would put her job and livelihood at risk.

The mum said: “The last year of applications and appeals has been so stressful for me. The enforced changes have already had a negative impact on my son, due to the complex nature of his mental and physical needs.

“The original transport package was in place for a reason and just because they are now over 16 doesn’t change the reality of our circumstances.

“I work several shifts and refusing to do these and be flexible would put my job at risk and leave our family in a far worse position. It’s almost like the council don’t want you to work. All I’m asking for is the ability for my son to get to school safely, which I believe is his right.

“My son has complex needs, and the council accepted our exceptional circumstances in the past. The court noted that these facts haven’t changed for us since the original decision. We’re just hoping now we can put this behind us and just go back to our regular lives.”

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