Council ordered to reassess boy's school transport

Birmingham City Council has been told by the High Court it must reassess a disabled boy's school transport after it replaced his daily minibus journey and chaperone with a bus pass.

The court was told the 17-year-old boy's mother applied for his normal school transport package in March 2024 ahead of the new academic year but was instead offered a bus pass, law firm Irwin Mitchell said.

When she complained he would not be safe travelling on his own, the council offered to give her the equivalent money for the year - £315 - for her to take and collect him every day, which she said she would be unable to with her work shifts.

The council said it could not comment on individual cases but its priority was to "support families and young people in accessing education".

As part of an unprecedented budget last year, the council axed its special needs transport service amid an enormous wave of cuts to services.

As part of that, it withdrew free home-to-school transport for pupils over the age of 16 who have special educational needs and disabilities (SEND).

The council said support for older teenagers would be provided through a personal transport budget or a pass for use on public transport.

The law firm told the court the council initially offered the boy's mother, who cannot be identified, a bus pass for her son to travel to school on his own.

When she argued he would not be safe doing that, the council offered the equivalent amount for her to take the teenager to school herself.

Irwin Mitchell said when the mother appealed against that decision, saying she feared losing her job, the authority rejected it, reportedly arguing she could accompany her son to and from school despite her working pattern.

It was this second appeal that the court quashed, and subsequently ordered the authority to reassess the transport it offered.

Following the judgement, the mother said the "enforced changes" had already had a negative impact on her son.

"The original transport package was in place for a reason and just because they are now over 16 it doesn't change the reality of our circumstances," she said in a statement.

"I work several shifts and refusing to do these and be flexible would put my job at risk and leave our family in a far worse position.

"All I'm asking for is the ability for my son to get to school safely, which I believe is his right."

In a statement the council said: "While we cannot comment on an individual's circumstances, our priority remains to support families and young people in accessing education while working within the financial constraints and policies of the council.

"We remain dedicated to working closely with parents, carers, and stakeholders to provide appropriate support that enables every young person to reach their full potential."

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