Human Rights Act used to get a learning disabled girl school transport

A local authority had a policy of providing school transport for children with special educational needs living more than 3 miles from their school. A young learning disabled girl lived 2.8 miles from the special school she attended. Despite being unable to travel independently, she was advised by the authority that she should instead take two buses to and from school each day.

An independent parental supporter who had attended a BIHR training session supported the girl’s mother to challenge the decision using the Human Rights Act. The mother approached the head teacher of the school and explained that the decision was a disproportionate interference with her daughter’s right to respect for private life (Article 8 ECHR) given the failure to consider her specific circumstances.

The head teacher took the issue to the local authority, and the decision was reversed. Thereafter the young girl was provided with transport to and from school.

About British Institute of Human Rights

BIHR is an independent human rights charity that is committed to challenging inequality and social justice in everyday life in the UK.

We want a society that has become stronger because all human beings are equally valued, can participate fully and are treated with fairness, dignity and respect.

We believe that human rights have meaning and benefit for everyone. They are not just abstract or legal concepts and documents – they can be brought to life, and used practically to create a fairer, more tolerant society and tackle inequality and disadvantage.

We think that this can only happen if human rights are understood, applied and claimed, outside the courtroom and by a wide range of people and organisations.

So our mission is to bring human rights to life – supporting and empowering people and organisations to use human rights to improve their own lives and the lives of others.

Website: 

http://www.bihr.org.uk