Helensburgh Advertiser | News | Court threat on bus belts

Wednesday, 19th November, 2008

Published: Thursday, 5th October, 2006 10:45

Court threat on bus belts

By Tracy-Ann Carmichael

COUNCIL chiefs in Argyll and Bute could face a courtroom showdown over a landmark legal case raised by a Kilcreggan schoolgirl.

Caitlin Logue faces a 50 mile round trip from her home in the village to school, on a coach without seatbelts.

The 11-year-old — a first year pupil at Our Lady and St Patrick’s High School — is bussed to the Dumbarton school by Garelocchead Coaches under a contract issued by Argyll and Bute Council.

But the school bus has to travel on narrow roads from the village, using the A814 — a road which has often been the subject of safety concerns.

Glasgow-based litigation lawyer Cameron Fyfe is acting on behalf of the youngster, who intends to raise a legal action — thought to be the first of its kind in the UK — at the Court of Session.

She must first await the outcome of a Legal Aid application to fight her case, as her legal team argue that the local authority has a duty of care to all pupils travelling by bus on the road.

Caitlin’s father, Thomas Logue, hit out at the council, saying: “The children are facing going to school every day, a round trip of around 50 miles, on a dangerous road without any seatbelts.

“Our neighbours were killed on this road four years ago, it’s a dangerous road. The council should be required to do a risk assessment of school bus routes and where there are particularly risky routes such as this, then buses with seatbelts would be specified in contracts with bus operators.”

He added: “There are buses with seatbelts available and they are already being used on other much shorter school journeys.”

Caitlin has been transported on a bus built around 14 years ago without seatbelts.

Despite Mr Logue’s requests for the bus to be replaced with another, the council say they are not bound by any regulations.

Mr Logue tried to resolve the situation by corresponding with council transport chiefs and Kilcreggan Councillor Danny Kelly also intervened but despite repeatedly raising the issue, Mr Logue says the family feel that they have “no option” but to take further action.

Council chiefs have claimed in correspondence with Mr Logue that they are unable to fit seatbelts on school buses due to “budgetary constraints”.

Solicitor Mr Fyfe said that he intends to seek a judicial review of the council’s refusal to fit seatbelts.

If the bid proves successful, it could have far-reaching implications for every local authority in the country.

Mr Fyfe commented: “It’s early stages, we are trying to get legal aid. When that’s done we can bring an action at the Court of Session but it will take some time.

“We are seeking a judicial review and the test is that we have to show that no reasonable council would have come to the same decision. It’s never easy but this is a matter of life and death literally, the council should regard it as being exceptionally important.”

A spokeswoman for Argyll and Bute Council said: “We are happy that the bus which operates this route meets all current legislation. The funding the council receives for school transport is approximately £2.5 million per annum and we spend in the region of £5.5 million per annum providing the service.

“The council has not been contacted with regard to any legal proceedings being instituted.”

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