Jones, R (on the application of) v Ceredigon County Council

Jones, R (on the application of) v Ceredigon County Council

A local education authority is required to provide free transport under section 509(1) of the Education Act 1996 if the nearest suitable school is beyond walking distance and no suitable arrangements have been made for a nearer suitable school. Suitability must be judged in educational terms as set out in section 7...

Source-derived case information.

Parties
Claimant: R (Jones); Defendant: Ceredigon County Council
Jurisdiction
England and Wales
Judgment Date
17 June 2004
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; decision of the Transport Appeal Panel quashed
Legal Topics
School Transport, Statutory Interpretation, Local Authority Duties, Parental Preference, Suitability of Schools
Education Law Administrative Law School Transport Statutory Interpretation Local Authority Duties Parental Preference Suitability of Schools

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Summary, issues, holding and outcome

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Parties

R (Jones)

Claimant

Ceredigon County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether a local education authority is always bound to provide free transport under section 509(1) of the Education Act 1996 if the parents would otherwise have a defence under section 444(4) of the Act
  2. 2 Whether 'suitable arrangements' under section 444(4)(b)(iii) require the nearer school to be educationally suitable for the child
  3. 3 What is the test for suitability under section 444(4)(b)(iii): ordinary meaning or as defined by section 7 of the Education Act 1996

Ratio Decidendi

A local education authority is required to provide free transport under section 509(1) of the Education Act 1996 if the nearest suitable school is beyond walking distance and no suitable arrangements have been made for a nearer suitable school. Suitability must be judged in educational terms as set out in section 7 of the Act. Since Cardigan is not a suitable school for the claimants, the refusal to provide transport to Preseli is unlawful.

Court Disposition

Claim allowed; decision of the Transport Appeal Panel quashed

Orders

  • The defendant's refusal to provide transport to Preseli is quashed