Family taps crowd funding to bring judicial review over school allocation

A family is using crowd funding to help them bring a judicial review challenge over Oxfordshire County Council’s decision to allocate their daughter a place at a primary school 25-35 minutes away by car.

On the Crowd Justice website, Mr Johnstone said his family’s lives had been changed when his wife suffered a devastating stroke in April 2013, which left her with severely limited speech, mobility and dexterity.

“We asked the county council to consider this when allocating a school place for our 4 year-old daughter, but have been refused all of our local school choices and instead given a place at a school 25-35 minutes away by car. We believe that the rules that led to this decision are wrong and in breach of the Equality Act,” he said.

An appeal was made in May this year to the county council’s Independent Appeal Panel, asking that it take into account Mrs Johnstone’s disability and allow their daughter to attend the family's catchment school. The submission was supported by the family’s MP, three councillors, three doctors and a psychologist.

However, the appeal was refused in July “due to the inflexibility of the admissions criteria”, Mr Johnstone said.

The judicial review challenge will be brought on the grounds that the admissions arrangements breach two provisions of the Equality Act and one provision of public law.

The family's lawyers have estimated that the legal fees for the judicial review may amount to £15,000 and the family may have to pay the county council’s costs if they lose the case.

The Johnstones have set a ‘stretch goal’ of raising £7,500 via the Crowd Justice website. So far they have raised £5,915 through 104 backers. 

“If we win, our case is likely to influence Independent Appeal Panels to take proper account of disability within the family. It will also place real pressure upon local and national authorities to change their admissions criteria,” Mr Johnstone said.

“This could help thousands of families living with disability, for whom a local school is an essential part of a fulfilling and independent life together.”

The family have also started a petition on change.org calling for a change to the admissions rules.