High Court settlement on transport funding

A recent High Court settlement prompts the Council of the Isles of Scilly to reassess transport funding needs for students

In a landmark case, the High Court approved a settlement agreed between the parties in favour of a teenage claimant against the Council of the Isles of Scilly, addressing significant concerns regarding educational access and safeguarding for sixth formers. The legal action highlighted that the Council acted unlawfully by not publishing a transport policy statement for the 2024/2025 academic year and limiting grant funding for post-16 transport and accommodation to a mere £8,000. This amount has proven insufficient for families needing to ensure their children can attend mainland schools and receive the education required until they turn 18.

Karen May, Partner and Head of Bindmans' Education Law team, shared “This is significant progress for the children and families of the Isles of Scilly. Families have provided evidence over several years of children not having the same access to education as their peers on the mainland.” Many families have relied on unregulated host family arrangements as a means of keeping their children in education, a circumstance not without risk. The Council has now acknowledged these arrangements as unregulated, which raises serious safeguarding concerns regarding the wellbeing of the students involved.

Under current UK law, all children aged 16 to 18 are required to remain in education, yet the availability of such provision on the Isles of Scilly is lacking. The £8,000 allocated by the Council does not adequately cover the costs of transportation and accommodation needed for students to pursue their studies on the mainland. Notably, the Council had previously requested a significant increase in funding to support these students, with a total amount proposed at £15,715.95; however, three years later, the funding remains unchanged despite rising living costs.

The High Court order means the Council will now need to publish an appropriate transport policy compliant with the Education Act 1996 by 31 March 2025, a requirement the Council had previously failed to meet. The court's order also requires that the Council reassess grant funding levels while considering the critical safeguarding issues raised in the case.

A family member involved in the case expressed their gratitude: “We are so grateful to Bindmans for taking our case and representing us in this challenging situation with our local Council.” The sentiment underscores the potential for this ruling to create a precedent for similar cases, emphasising the need for equitable access to education for children in the Isles of Scilly compared to their mainland counterparts.

The claimant was supported by Bindmans' legal team, including Karen May, Ellie Crowther, and Leon Glenister from Landmark Chambers, who navigated the complexities of the judicial review process, aiming to protect the rights and safety of vulnerable youths in the region.