THE niece of former The Smiths guitarist, Johnny Marr, has won her legal battle over Trafford Council’s decision to withdraw transport to and from school.

Jodie Lockwood, 18, was one of 11 teenagers at Brentwood Special School in Timperley who had transport withdrawn last September.

The Timperley teen's mum, Claire Lockwood, challenged the council through solicitor Sarah Woosey from the law firm Irwin Mitchell with the help of SOS Trafford, which was set up by a group of parents to fight the withdrawal of transport.

Johnny launched a scathing attack on Trafford Council during his gig at Manchester’s Albert Hall last October and joined his sister and SOS Trafford in protesting against the cuts outside Trafford Town Hall.

Speaking to the Messenger at the time, the former Smiths guitarist said: "I've yet to hear proper justification for it and I doubt there's one person who would ever agree with it.

"I'll do whatever I can to help overturn the council's decision to take the school bus away from disabled children.

"It's incredible that British people give so generously and compassionately to Children In Need to help poor children in the world yet we have the council taking away a service provided by tax payers from very needy children in our own area.

"What do we have to do? It's a disgrace."

Following legal advice, Claire re-applied for transport and Trafford Council reversed their decision.

Sarah Woosey, a public law expert from Irwin Mitchell, representing the family, said: “There are very clear legal duties on local authorities to provide transport to those who meet specified criteria when they are under the age of 16. Once young people reach the age of 16, the law provides for local authorities to use their discretion to provide suitable school transport where it is needed.

“In exercising their discretion, authorities should take into account relevant circumstances which would include consideration of a young person’s needs, amongst other factors.

"In Jodie’s case, I do not consider that Trafford fully considered the extent of her disability and the difficulties this would cause her in relation to travel, but am glad that transport is now in place.”

Brentwood caters for children with severe, profound and multiple learning difficulties along with pupils with severe learning difficulties and Autistic Spectrum Disorders.

“Getting Jodie back on the bus has been a difficult and gradual process,” said Claire.

“She found the change in routine difficult to cope with when transport was removed. It’s also hard for her to start travelling on the bus again but with professional help and support and the use of social stories she has been able to access transport again which has given her back some independence. The whole situation has been so stressful and exhausting both for Jodie and her family.”

Sally Wheatman is co-ordinator of SOS Trafford.

She said: “Jodie was clearly entitled to home/school transport and whilst we’re delighted she’s back on the bus we’re very disappointed that the council took eight months and the threat of legal action to recognise this.”

The council said it recently implemented the All Age Integrated Transport policy following an extensive consultation with parents and services users.

A spokesperson for Trafford Council said: “The policy allows the council to go beyond its statutory responsibilities and includes heavily subsidised transport, a streamlined application process and pick up and drop off arrangements from home. 

“Additional funding was added to the home to school transport budget in adopting the new policy. The new policy clarifies eligibility and provides transport to those who have an assessed need, recognising Trafford Council’s commitment to helping the most vulnerable residents in Trafford. 

“The council is pleased that following a resubmitted application that contained all relevant information it has recognised the young person's needs.  The council also notes that no formal legal proceedings have been brought against it and it has not been 'forced to reverse' its previous decision.”