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

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.