Dyfed CC was not perverse to refuse to provide three children with free transport for the ten-mile trip to a school...
Dyfed CC was not perverse to refuse to provide three children with free transport for the ten-mile trip to a school where they are taught mainly in English rather than Welsh. Mr Justice May, sitting in London's High Court, dismissed the children's case, giving an indirect boost to the County Council's controversial bi-lingual English-Welsh education policy.
At the centre of the case was the council's policy, adopted in September 1989, to place its schools in categories A, B and C, according to the stress placed in their curriculum on Welsh. The children are from an English-speaking family and the school nearest their home is a Category A school where infants are taught 90% in Welsh, Mr Justice May told the court. The children have all now been transferred at their parents' wishes, to a Category A/B school ten miles from their home and are in a stream where the main language medium used in English.
It was the parents' case that the Category A school nearer their home was 'objectively unsuitable' for their children's needs. It was 'perverse' of the Council to refuse to provide the children with free transport to the Category A/B school. But Mr Justice May said: 'I consider that there is a clear basis in this case upon which the Council could properly conclude that the nearer school waas suitable for these particular children.' The children's counsel, Mr David Pannick QC, was granted leave to take the case to the Court of Appeal. The children were legally aided and the Council did not seek to recover their legal costs.