| SPOTLIGHT |
A county council has withdrawn its post-16 transport policy after the families of severely disabled children threatened a legal challenge.
The children had previously been provided with transport under Hampshire County Council’s post-16 transport policy for 2018/19.
Irwin Mitchell, which acted for the families, claimed that while a consultation suggested that the policy for 2019/20 would be based on similar criteria, it subsequently emerged that was not the case.
A large number of families applying for transport for their children to attend school and college from September 2019 were refused, even though the children had no other way to reach their educational placement, the law firm said.
Irwin Mitchell wrote to the local authority at the end of July to outline the families’ concerns regarding the move, including how it was prepared to launch legal action to fight the policy.
The law firm said it had had several concerns regarding the council’s actions, including that there was a failure to lawfully consult on the policy and that it amounted to a breach of the Equality Act and human rights law.
Hampshire has said it will now withdraw the policy and review all its refusals to provide teenagers with transport services.
It is thought that approximately 300 post-16 students required home to school transport and so a large number of families may benefit from the change.
Alice Cullingworth, solicitor at Irwin Mitchell, said: “This has been a very emotional time for the families we represent, as they simply want to ensure that their children can get access to the education they need and deserve.
“The parents we act for are unable to provide transport due to work and other commitments and they were very upset at the prospect of this issue impacting on their children’s wellbeing.
“While we recognise that local government across the UK is facing difficult times at the moment, it is welcome to see that the council has changed its position and reconsidered its post-16 transport policy. It is absolutely vital that vulnerable students are able to access the support they need to get the best from life.”
A spokesperson for Hampshire County Council said: “Firstly, there has been no withdrawal of service. However, we can confirm that a policy, that was in place for post 16 transport for young people with special educational needs for the 2019/20 academic year, has been withdrawn and we are applying the previous policy. We are in the process of reviewing the applications requesting transport in September and will be contacting applicants shortly.
"Any changes that may be proposed will be consulted on and published if agreed. All authorities are required to review this policy annually.”
