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Devon County Council v George [1989] House of Lords AC 573, 604B leading judgement by Lord Keith

Devon County Council v George [1989] House of Lords AC 573, 604B leading judgement by Lord Keith

Keywords: Accessibility, free education, transport

Securing that education is accessible has also generated jurisprudence where transportation should be provided, free of charge, to facilitate compulsory school attendance of children who live beyond the walking distance to school. 

The Court stated; ‘In the case of pupils (living further away than walking distance), a local education authority would be acting unreasonably if it decided that free transport was unnecessary for the purpose of promoting their attendance at school, because if it were not provided the parents of these pupils would be under no legal obligation to secure their attendance.’

Note that in each of the above cases, the cost of transport has only been provided where either the pupils are not within walking distance or there is another reason why they cannot get to school. Transport costs are not necessarily automatically paid by the government.

Even where there are no direct fees for education, there can be other costs assosciated with education, such as those for books and transport which can ultimately be prohibitive in fulfilling the right to education.

See the section on Fee or for Free education on the website.