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PostPosted: Sat Mar 22, 2025 8:05 pm 
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Biswas v Transport for London [2025]

https://www.bailii.org/ew/cases/EWHC/Ad ... 5/567.html

A business transporting SEN children to school in London, for reward, must be licensed under the 1998 Act.

The court decided an ambulance exception defence cannot be used as the vehicles were transporting passengers not patients.

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PostPosted: Tue Mar 25, 2025 1:26 am 
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Mrs Justice Farbey wrote:
Mr Nicholls suggested that the offences were the result of an isolated misunderstanding that had arisen because the appellant had believed that the local authorities would deal with any licensing requirements, as happened elsewhere in England where the local authority was also the licensing authority. The appellant had not appreciated that he needed to approach the respondent as the separate licensing authority in London. This mistake had damaged the appellant's ability to obtain subsequent licences in various parts of England.

That kind of echoes what I was saying in the news thread - in London maybe the licensing process will seem a bit more remote from the councils organising the school runs, because it's London Borough Councils and Transport for London that are being considered :-o

However, I don't think the highlighted part of the statement above is correct, because generally speaking it's county councils running the schools, while it's local district or borough councils licensing the cars (except under unitary council scenarios).

So the normal scenario maybe isn't quite so remote as the London Borough Council and TfL scenario, but in most cases I don't think the school authority is as close to the licensing authority as portrayed above [-(


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PostPosted: Tue Mar 25, 2025 1:18 pm 
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It is up here.


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PostPosted: Tue Mar 25, 2025 6:29 pm 
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For anyone viewing this, there was a brief discussion on the news thread.

viewtopic.php?f=2&t=41297

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PostPosted: Tue Mar 25, 2025 6:31 pm 
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heathcote wrote:
It is up here.

Yes, click on the Bailii Law link below.

https://www.bailii.org/ew/cases/EWHC/Ad ... 5/567.html

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PostPosted: Tue Mar 25, 2025 6:58 pm 
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I assumed Heathcote was referring to the arrangements for school contracts rather than the judgement :lol:

But, Heathcote, unless you're under a unitary authority, then presumably it's a different council running the schools as opposed to the one regulating the trade [-(


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