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BEDFORDSHIRE COUNTY COUNCIL v D

On the evidence, a tribunal had not been entitled to conclude that, as a matter of law, a claim that a local authority had acted unlawfully in refusing to provide a taxi to collect a disabled pupil from an after-school club could not succeed. Therefore, it was appropriate to remit the matter to be heard by a fresh tribunal.

21 July 2009

The appellant local authority appealed against a decision ((2008) EWHC 2664 (Admin), (2009) ELR 1) that the lawfulness of its failure to transport the respondent disabled pupil (D) home after he attended an after-school club should be remitted to a fresh Special Education Needs and Disability Tribunal. D suffered from Asperger's Syndrome and the local authority had provided, pursuant to the Education Act 1996 s.508B, a bus for him and other children to be transported home at the usual end of the school day. However, as D wanted to attend an after-school club, his parents asked the local authority to adjust the time when the school transport was provided. The only way of transporting D at that time would have been to provide a taxi. The local authority refused the request and D's parents complained to the tribunal alleging that the refusal amounted to unlawful disability discrimination as non-disabled pupils were apparently able to attend the club. The tribunal concluded that the adj...

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