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Friday, 31 January, 2003, 17:41 GMT
Disabled schoolboy wins transport fight
Court graphic
A disabled teenager has won a battle with his local authority at the High Court in London to have free transport to his school.

The boy from Cardiff, who cannot be identified for legal reasons, lives four miles from the school but suffers from severe mobility difficulties.

I'm deeply saddened that I've had to fight this case

Boy's mother

His lawyers argued that Cardiff council had refused to provide him with free transport or to give him home tuition when he was too ill to attend school.

An hour into the hearing, the council agreed to provide the boy with transport and a package of home tuition.

The boy, whose health problems have meant he has missed a lot of classes, had previously attended a school closer to his home.

But the court heard how he transferred to his current school because of bullying problems.

His barrister, Clive Lewis, said that council had taken the view that the boy had moved to a school further from his home through his mother's own "choice" and it could not be held responsible for the transport costs.

We are unable to comment at this moment as we have not yet received full adjudication

Cardiff Council

He disputed the council's argument that when the boy is too ill to attend school he would be too ill to benefit from home tuition.

Mr Lewis said that the council had shown a "fundamental misapprehension" to the statutory duties it owes to the boy.

After an hour, Cardiff council's barrister Graham Walters told Mr Justice Jackson that they had agreed to provide transport and home tuition for the boy.

Significant worry

The youngster's mother said after the hearing: "I'm deeply saddened that I've had to fight this case.

"The local authority have been asked repeatedly to assist in getting my child to school.

"I've been unwell myself and have had to delay a vital operation because of this.

"The local authority have never been sympathetic to my son's case and it has been a significant worry throughout," she added.

A spokesman for Cardiff council said: "We are unable to comment at this moment as we have not yet received full adjudication.

"We will, of course, comment in full after the adjudication has been received and read."


More from south east Wales
See also:

30 Jan 03 | Politics
22 Jan 03 | Scotland
22 Jan 03 | Politics
21 Jan 03 | England
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