Permission granted to challenge Hampshire County Council's Post 16 School Transport Policy

On 24 April 2020 Mrs Justice Lang, following a remote hearing, granted permission to pursue a claim for judicial review against Hampshire County Council's Post 16 School Transport Policy. In summary, the 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 Claimants also complain that 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.

Katherine Barnes, instructed by Alice Cullingworth at Irwin Mitchell, acted for the Claimants.