A settlement has been reached and a final order made by the High Court in judicial review proceedings taken by our teenage client against the Council of the Isles of Scilly.

The claimant challenged in judicial review proceedings the Council’s decision to limit the increase in grant funding to a total of £8,000 for post 16 transport and accommodation to enable children of sixth form age to remain in education/training. The case was also a challenge to the Council’s failure to publish a transport policy statement for 2024/2025.

Karen May, Partner and Head of Bindmans’ Education Law team, said:

“This is significant progress for the children and families of the Isles of Scilly. Families have provided evidence over several years of children not having the same access to education as their peers on the mainland. Many families have only been able to manage to keep their children in post-16 education by allowing the children to live in unregulated host family arrangements closer to schools and colleges. The Council has now accepted these host families are unregulated despite a previous report to the full Council saying otherwise. Our instructions are that this has led to children being very vulnerable and there have been several safeguarding concerns. It is crucial that there be the right funding in place so the children of the Isles of Scilly can have access to regulated state boarding education where they will be safe whilst benefitting from the same education as other UK 16 – 18-year-olds.”

At the heart of this case for the claimant was safeguarding. Children of sixth form age are legally required to remain in education/training until they are 18, however, there is no provision for post-16 education on the Isles of Scilly. Children must attend establishments on the mainland and while the Council allocates a grant of £8,000 for each child, this is inadequate to cover costs of accommodation and transport. Funding comes from the Education, Skills and Funding Agency (“ESFA”) and in 2022 the Council requested an increase in funding to take the total amount per student to £15,715.95. The submission to ESFA explained the need by reference to the safety and wellbeing of students and the financial position of most families. The Council recognised in the submission to ESFA that the students are “…vulnerable to exploitation in all of its many forms and the Local Authority can provide examples of how vulnerability, loneliness, isolation and naivety have placed some of our young people at risk.” 

Three years later and the grant funding is not at the level sought in 2022 and the costs of living are even higher. Many of the teenagers continue to stay with unregulated host families on the mainland as this is the cheaper option and the only way to access education, but this continues to leave the teenagers very vulnerable. There is a much higher number of 16-18 years old’s from the Isles of Scilly being out of education, employment and training (“NEET”) compared with teenagers in other areas of the country, as the funding provided by the Council does not cover the costs of attending regulated state boarding schools on the mainland.

The court granted the claimant permission for judicial review and an order was made reflecting the parties’ agreement for the Council to publish a transport policy for those of sixth form age, complying with the Education Act 1996, on or before 31 March 2025. The Council acknowledged that it had not done so in accordance with the legal framework. The High Court order also reflects the Council’s agreement that the safeguarding concerns raised by the claimant are a relevant consideration in determining the level of grant funding for those of sixth form age, and the Council has committed to reconsidering the decision. On this basis the case has concluded.

The children within the case must remain anonymous but the child’s mother has said:

“We are so grateful to Bindmans for taking our case and representing us in this challenging situation with our local Council. Karen May and Leon Glenister grasped the facts and proceedings were issued quickly, prompting a fast response. We hope the unlawful aspect will soon be corrected with the right documentation being published and the Council will address the serious safeguarding issues which have been apparent but neglected for many years. The action on our behalf provides the potential to make a difference and will set a precedent for a whole community of children bringing positive life changing results to many, giving us all the opportunity to have parity with mainland children. Our wholehearted thanks to the team at Bindmans, for guiding us through the Judicial Review process, calming our nerves at various points and being so caring and professional throughout.”

The claimant was represented by Karen May, Partner and Head of Bindmans’ Education Law team, as well as Ellie Crowther (trainee solicitor) in the team, and Leon Glenister of Landmark Chambers.

This has been covered in the Solicitors Journal and can be read here.