The pupils wanted transport to the school of their choice

Byron Rees, 11, Matthew Jones, 13 and Aled James, 13, who live in Ceredigion, attend the nearest school, Ysgol y Preseli, over the county border in Pembrokeshire.

Ceredigion withdrew free transport to Preseli last year, leading to the pupils' High Court challenge.

But Mr Justice Collins, sitting in London, quashed the local authority's refusal.

Ceredigion's barrister told the High Court judge on Wednesday his ruling would affect every local authority in England and Wales.

The judicial review challenge centred on Ceredigion's refusal in August last year to fund their bus transport to Ysgol Preseli, a Welsh language secondary school over the county border in Pembrokeshire.

This is highly significant for the whole of the UK Michael Imperato, solicitor

The council had maintained there was a Welsh language school within its own administrative area - Dyffryn Teifi - to which it was willing to provide free transport.

The dispute arose in July last year after Pembrokeshire Council cancelled previous arrangements where pupils living in Ceredigion were able to ride free to Ysgol Preseli at Pembrokeshire's expense.

Pembrokeshire demanded that Ceredigion foot the bill for pupils living in its area, but Ceredigion refused, saying the pupils should switch to Dyffryn Teifi if they wanted to receive free transport.

The parents launched the legal challenge, saying they had been forced either to make their own arrangements for the 10-mile trip over the county border to Ysgol y Preseli, or take the 17-mile daily journey to Dyffryn Teifi.

The case was considered at London's High Court

The High Court judge, Mr Justice Collins, said the case raised issues on the duties of local authorities to provide school transport to pupils who live more than the three-mile statutory walking distance away from their schools.

The pupils' counsel, Mr Nicholas Bowen, argued Ceredigion has a duty to provide free transport to Ysgol Preseli as, otherwise, their parents would have a good defence to criminal prosecution under the 1996 Education Act if they kept their children out of compulsory schooling.

'Truly anomalous'

He argued, successfully, that Ceredigion had not made "suitable arrangements" for them to attend a school nearer their homes than Preseli.

Ceredigion argued it was "truly anomalous that simply because Dyffryn Teifi, which is clearly suitable, is further away than Ysgol Preseli, free transport to Ysgol Preseli must be provided when it would be available to Dyffryn Teifi".

But, upholding the pupils' challenge, the judge ruled: "Anomalies are bound to arise...when lines have to be drawn somewhere."

Ceredigion's barrister, Nigel Giffin QC, told the judge his ruling raised fundamental issues on free school transport affecting every local authority in England and Wales.

It may well be appropriate to pursue the matter further on legal grounds Ceredigion Council statement

And he said Ceredigion would be seeking a "leap frog" order so that it could take its appeal against today's ruling straight to the highest court in the land, the House of Lords.

Mr Justice Collins said he was "minded" to grant such an order, but his final decision on whether or not to do so was adjourned for a week.

The families' solicitor, Michael Imperato, said the case as a victory for parental choice.

"The families of these pupils chose to send their children to Ysgol y Preseli and the council tried to take this choice away from them," he said.

He added: "This is a landmark ruling for rural Welsh communities where many children are forced to travel long distance often crossing country boundaries to reach suitable schools - be this Welsh or indeed English speaking.

"It is also highly significant for the whole of the UK."

In a statement, Ceredigion Council said: "The LEA applied for and was granted leave to appeal.

"This appeal will be leapfrogged to the House of Lords subject to the consent of the claimants.

"If their consent is not forthcoming the appeal will be heard by the Court of Appeal.

"While the local authority has been granted leave to appeal it will need to consider the judgement carefully before so doing.

"However, given that there are important principles of law which are relevant to all local authorities nationally, not only Ceredigion, it may well be appropriate to pursue the matter further on legal grounds."