R (Diocese of Menevia and others) v City and County of Swansea Council

The Administrative Court has quashed Swansea Council’s policy on free school transport on the grounds that it is discriminatory and unlawful.

Parties representing Catholic schools and pupils in Swansea sought judicial review of the Council’s decision to withdraw the provision of discretionary free transport from pupils attending voluntary-aided faith schools in Swansea, whilst continuing to provide free transport for pupils who attend Welsh language schools.

Mr Justice Wyn Williams accepted the Claimants’ case that the decision discriminated indirectly against black and minority ethnic children. Black and minority ethnic children were placed at a particular disadvantage because far more of them attend faith schools than Welsh language schools, which are overwhelmingly attended by white British children. The policy was not justified. The Council had failed to appreciate that the policy had a discriminatory impact, and had never taken any steps to assess whether there were measures open to it which could mitigate the effects of the policy, whilst furthering the Council’s aims of promoting access to education through the medium of Welsh, and saving costs.

The Judge also held that the Council’s decision was vitiated by a clear and material error of law in the report to Members. The report had wrongly informed Members that the Council was legally obliged to maintain free transport to Welsh medium schools.

The judgment is available at:
http://www.bailii.org/ew/cases/EWHC/Admin/2015/1436.html

Dinah Rose QC and Iain Steele represented the Claimants.