Court victory for Birmingham mum fighting back against council transport cuts

As part of an unprecedented budget, the crisis-hit council took the axe to its special needs transport service last year amid an enormous wave of cuts to services.

The changes meant taxi and minibus services, commonly used to transport pupils to special needs schools, would only be provided to those of sixth-form age in “exceptional circumstances” – despite still being used for younger children.

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

But the mum of a disabled teenager fought the change after the council reportedly replaced his school travel arrangements, which included a minibus and an adult escort, with a reduced package that did not include them.

Law firm Irwin Mitchell said the boy was instead offered the cash equivalent of a bus pass for public transport after an appeal. It said the council believed the mum should take him to school but she could not because of her working commitments.

The mum said the changes would have had a significant impact on her son’s ability to get to school and the family’s overall wellbeing.

The boy and their mum, who can’t be named for legal reasons, instructed specialist education lawyers to investigate and apply for a judicial review of the council’s decision in the High Court.

They argued the council’s decision did not account for the impact of the changes on her son or that taking them to school would put her job at risk.

The High Court ordered that the boy’s transport package be re-assessed by the council.

Issuing a statement following the judgement, the mum 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.

“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.”

She continued: “My son has complex needs, and the council accepted our exceptional circumstances in the past.

“The court noted these facts had not changed for us since the original decision.

“We’re just hoping now we can put this behind us and go back to our regular lives.”

Rachael Smurthwaite, a specialist education lawyer at Irwin Mitchell, representing the family, added: “This is a victory for the mum, her son and others caring for post-16 young people with special needs who may find themselves in a similar situation.

“Such changes to transport provision have the potential to affect many families in a similar position and this case could have implications for other families with young people living with SEN.”

The victory in the High Court followed two appeals from the mum and the teenager.

Given the boy’s specific needs, council-funded transport always included a minibus and an adult escort to take them to school.

The boy’s mother applied for the package again in March 2024, ahead of the new academic year and was offered a bus pass.

Irwin Mitchell said the mum’s appeal was rejected with the council reportedly arguing that she could accompany her son, despite her working pattern.

It said the second appeal was upheld in August but the family were granted £315 for the year to secure transport – the equivalent of the bus pass previously offered.

A spokesperson for Birmingham City Council acknowledged the High Court’s ruling regarding the provision of post-16 home-to-school transport for “one young person”.

“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,” they continued.

“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.”