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:
- the policy is effectively a blanket policy such that the council has fettered its discretion;
- 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.
