S, R (on the application of) v Education (Waltham Forest)

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MR S appeared on behalf of the CLAIMANT MR D RUTLEDGE (instructed by LEGAL SERVICES DEPT OF WALTHAM FOREST) appeared on behalf of the DEFENDANT ____________________

(3) During the whole of the period until the interruption of his schooling in July last year, W was provided by the defendants with transport to school in pursuance of their duty under section 509 of the Education Act 1996, Whitefield being more than "statutory walking distance" from W's home. Initially he travelled on a bus with other children, but in the latter part of the period he was taken to school on his own with two escorts in a specially adapted minibus: this was because his behaviour could on occasions be disruptive and uncontrolled.

(4) In, I think, 2005 (or it may be earlier this year) Mr and Mrs S separated. W and his younger sister, I, live with their mother at the former matrimonial home in Chingford.

(5) Following the decision of the Tribunal in May 2006 W's parents assumed that the previous arrangements for taking him to school, or at least some equivalent to them, would be resumed. That impression was reinforced by letters from the defendants dated 15th June 2006 and 21st June 2006 which, although they suggested that there might have to be some changes in the details of the arrangements, clearly stated that transport would continue to be provided.