| SPOTLIGHT |
The mother of a child with special educational needs is mounting a legal challenge against Birmingham City Council over changes to its school transport policy.
The claimant, Adam, 18, has severe learning difficulties, autism and epilepsy.
From September, the family will receive 45p per mile for their own travel arrangements instead of a minibus.
For ten years the local authority has provided a minibus and a carer to take the woman’s teenage son to school, which is around six miles from their home.
However, due to changes in the council’s transport policy for sixth form learners (aged 16-18), the 2024-25 policy awards learners either a personal transport budget (45p per mile) or a travel pass with independent travel training.
Law firm Irwin Mitchell, acting on the mother’s behalf, said: “Parents have expressed concern that these options are not appropriate for learners with a high level of needs - such as our client - an 18-year-old learner with significant needs.
“Parents also report that the change in policy disproportionately affects learners with additional needs who require that extra level of support to access education.”
Irwin Mitchell has submitted a letter before action to the council, challenging its decision to award a personal transport budget.
Erika Wright, Solicitor at Irwin Mitchell, said: “Before the council’s change in policy, our client was accessing a minibus with other students and a high staff ratio to meet their support needs. This was arranged by the council. From September 2024, our client has been offered a personal transport budget, which equates to around £6.50 a day towards his transport to/from school.
“Due to his high level of needs, our client requires 2:1 support to access the community, including his travel to school. […] As the personal transport budget falls significantly short of the cost of a taxi and additional support staff, the council’s decision will leave our client with no way to get to school, demonstrating that the policy does not facilitate the attendance of all learners to their education/training setting, despite the legal requirement for them to attend.”
She added: “We hope that the council will consider our client’s circumstances and those of others like our client and award the type of transport he needs to access education for example, a taxi or minibus with appropriate passenger assistance. The council otherwise places our client in an invidious position and, in our view, would be acting unlawfully.”
A spokesperson for Birmingham City Council said: “The council recognises that difficult decisions need to be taken in order to protect statutory services for our most vulnerable children and young people and their families. An extensive consultation process was carried out to make parents aware of the changes which were communicated through schools and other stakeholders.
“Reductions to non-compulsory post-16 transport provision are something that has been seen nationally due to financial and resource pressures. The council has maintained a level of support that enables families to make their own arrangements and has been providing additional support to our most vulnerable students and families.
“We appreciate that the revisions recently made to the travel assistance policy are a big change for those families impacted and therefore have increased our highly successful Travel Training provision to prepare our students for adulthood and those who are working towards independence. We have also given families as much notice as possible and have made support available from the team.
“In recognition of the current financial climate, the council has not increased the contribution that families on the lowest income make towards their child’s support.”
Lottie Winson
