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

Education – Local education authority. The defendant local education authority proposed to amend its policy so that pupils attending faith schools would be entitled to free public transport only if the relevant distance criteria were met and no suitable alternative school, including a non-faith school, was located within two or three miles of home. The claimants, who were affiliated with faith schools, sought judicial review. The Administrative Court, in allowing the application, held that black and minority ethnic origin children suffered a particular disadvantage as a consequence of the amended policy, which was not a proportionate means of achieving a legitimate aim. Further, the report relied on in making the decision had misstated the law.

Category: