The judicial review is seen as a test case on parental choice

The judicial review challenge - brought by the parents of Matthew Eifion Jones, 13, Byron Rees, 11, and Aled James, 13 - hinges on a decision by Ceredigion County Council last year.

From August 2003, it ceased funding bus transport to Ysgol y Preseli, in Crymych, a secondary school in Pembrokeshire.

The parents' lawyers say the decision came 'out of the blue' after years of Ceredigion agreeing to fund bus links to the school, although the bus is operated by Pembrokeshire as the education authority responsible for Ysgol y Preseli.

The council has pledged to continue providing free transport to its Welsh-speaking school at Dyffryn Teifi - 17 miles from the families' homes - but refuses to cover bus transport for Ysgol y Preseli which is just 10 miles away.

Pembrokeshire council has agreed to let the children, from Cardigan, to use its bus service to Ysgol y Preseli - but only if Ceredigion foots the bill.

The council has also declined to let the parents pay for their own children's bus rides as insurance and registration arrangements still need to be covered by Ceredigion.

The High Court, London

Warning

The parents feel aggrieved by the council's decision which they say presents a stark choice - to either make their own arrangements for the 10-mile trip to Ysgol y Preseli, or take the 17-mile daily journey to Dyffryn Teifi, in Llandysul

The families' solicitor, Michael Imperato, said after the start of the hearing on Wednesday: "For many years they have been sending their children to a school which is only around nine miles away.

"Then suddenly - almost without warning and consultation and coming completely out of the blue - there was a diktat that, 'sorry, you can't do that any more, you will have to send your child twice as far away'."

But Nigel Giffin QC - for Ceredigion - said the council were under no legal duty to fund free school transport into Pembrokeshire, citing the provisions of the 1944, 1953 and 1996 Education Acts.

He said the "real issue" was whether it was reasonable for the county council to cease funding transport to Ysgol y Preseli given that it already runs a bus service to a 'perfectly good Welsh-speaking school' within its own administrative area.

If the parents did wish their children to take up places at Ysgol y Preseli "they are within their rights to take up that place but we're not going to pay for the transport," argued the barrister.

Mr Giffin added: "The local authority has to look at all the circumstances and decide whether it's necessary to provide transport in order to facilitate that pupil's attendance".

But the parents are confused that some students from Cardigan have been granted a school bus pass for Crymych, but their children have been refused - even though there are seats available.