Keeping up the battle for special transport
THE family of a disabled teenager have vowed to continue their fight against the county council’s decision to change the way young people with special educational needs and disabilities (SEND) get to school.
Kirstine Drexler is one of hundreds of teenagers across the county who will no longer be picked up by minibus or taxi sent and paid for by Leicestershire County Council. She will instead be issued a personal transport budget.
Parents and families have criticised the budget, saying it is not enough to cover the cost of getting their children to and from school. They say it means that they will be forced to do the school run themselves, impacting on other family members and work.
At the time of the decision, councillors said they had acted “with a heavy heart”, saying the changes were part of moves to save £50 million.
The plans, which were due to be implemented last September but have been “paused” until this September, will also remove discounts on some transport support. This will leave many families having to pay out towards the costs.
Earlier last year, 17-year-old Kirstine’s family challenged the change in policy at a judicial review, but in April a High Court judge sided with the council.
Legal experts have now lodged an application to appeal the High Court’s decision and have been granted permission to take the family’s case to the Court of Appeal. The two-day hearing will take place on February 20 and 21 at the Royal Courts of Justice.
Kirstine is severely disabled and she has made use of the transport services provided by the council to make the 26-mile round trip from her home in Markfield to her school.
Her father, Stefan, 60, said: “We have always been hugely appreciative of the bus service and the massive difference it has made to Kirstine’s life.
“The transport is genuinely a major highlight of her day and those who use it have become a little community of close friends. To say it would be missed would be an understatement.
“However, it offers a clear logistical benefit too, as the transport helps with our dayto-day lives. It could take us around three hours a day to make the journey, which would leave us even more stretched than we already are.
“Being granted permission to continue this case is a massive step forward. We are determined to keep fighting on this issue and would urge the council to rethink the changes as soon as possible. Doing so
We are determined to keep fighting on this issue and would urge the council to rethink
could make a major difference to thousands of lives.” Steven Baylis, the specialist public lawyer at Irwin Mitchell who is representing Kirstine’s family, said: “Throughout this process, the family have been very concerned about how these changes would affect Kirstine and many other young people across the region. Access to transport is often key in ensuring young people with a range of complex needs can have the education they deserve.
“It is welcome that we have now been given an opportunity to once again put the view of Kirstine and her family forward and ensure that their voices are heard on this matter.
“This family would rather not be in this position, and we once again encourage the local authority to work with families to rethink these changes.”
A spokesperson for the county council said: “The policy introduced by the council was found by the High Court to be lawful after a thorough exploration of all of the issues.
“We confirm a court of appeal hearing is taking place in relation to limited aspects of the judgment. The council has paused the policy to allow issues raised to be resolved before implementing the changes.”