Cambridgeshire CC faces legal action over axed bus subsidies

The first in a series of potential challenges over cuts to bus services has been launched this week, with Cambridgeshire County Council facing legal action over its decision to axe all the services it subsidises over the next four years.

The action is being brought by Jo Green of Milton, who is being advised by law firm Leigh Day & Co. The claimant is being supported by sustainable transport charity Campaign for Better Transport and local protest group Cambridge Against the Cuts.

The pre-action letter claims that the council has potentially acted unlawfully by:

• failing to discharge the statutory duty to secure public transport under section 63 of the Transport Act 1985. The Campaign for Better Transport cited the 1985 Act’s provisions that councils must "secure the provision of such public passenger transport services as the council considers appropriate to meet any public transport requirements which would not otherwise be met“, and "ensure bus services are provided where they are socially necessary and would not otherwise be provided commercially”
• failing properly to discharge its duties under s71 Race Relations Act 1976, s76A Sex Discrimination Act 1975 and s49A Disability Discrimination Act 1995 to have “due regard” to the various identified equalities needs of protected groups
• conducting a flawed public consultation process and/or failing to undertake any proper public consultation on cuts to bus subsidies whilst the proposals were at a formative stage.

Campaign for Better Transport said budget cuts had seen many councils target buses as a way to make savings, but added that Cambridgeshire was one of only three councils in England that had decided to scrap all the services they fund.

The county council agreed on 15 February 2011 to phase out bus subsidies over a four-year period, which should save £2.98m. The decision is expected to lead to a 20% reduction in the county’s bus routes. Cambridgeshire will, however, provide £220,000 towards community transport alternatives for 2011/12 and 2012/13.

Campaign for Better Transport predicted that further cases could follow where other councils are similarly reducing bus services.

Leigh Day & Co lawyer Rosa Curling said: "The council has very clear legal duties with which it has failed to comply. It has decided to cut funding to buses without properly involving the public in its decision making process or assessing how this cut will affect those using the current service. For this reason, we have advised our client that unless the council agrees to reconsider, we will have no option but to issue proceedings, seeking the involvement of the court."

Sophie Allain, Campaign for Better Transport's bus campaigner, said: "We don't believe that a complete withdrawal of all socially necessary buses can be compatible with the duty to meet people's public transport needs. It's not just Cambridgeshire at fault, we know of other bus users in North Yorkshire and Warwickshire who have also sought legal advice. Ultimately the responsibility for this lies with central Government front-loading council spending cuts and they need to make sure councils have adequate funding to support public transport."

A spokesman for Cambridgeshire said: "Unlike some authorities who have simply reduced services we are looking at revolutionising how local transport is delivered which has real potential to create enterprise, employment and boost community transport.

“We have received the pre-action letter and will be defending the claim. As legal proceedings are ongoing it would be inappropriate to comment fully. However, we have taken legal advice and have carried out consultations and will continue to fully engage with communities."

Philip Hoult