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A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Claimants get green light for legal challenge to post-16 school transport policy of county council

A High Court judge has granted permission for a claim for judicial review against Hampshire County Council’s Post 16 School Transport Policy.

Mrs Justice Lang granted permission for the challenge on 24 April 2020 following a remote hearing.

39 Essex Chambers’ Katherine Barnes, instructed by Alice Cullingworth at Irwin Mitchell, acted for the claimants.

The set said that in summary Hampshire’s policy levies a financial contribution on the families of disabled teenagers for transport to and from their place of education where the relevant household’s income exceeds £16,190.

The claimants, two disabled young men, contend that:

  1. the policy is effectively a blanket policy such that the council has fettered its discretion;
  2. the council acted irrationally by considering whether it should depart from the policy in each of their cases with reference to the £16,190 income threshold which forms part of the policy in any event.

Hampshire County Council has been approached for comment.