A FORMER governor is taking legal action after accusing education bosses of "changing the rules" over free school bus passes.

Simon Huggill, of Sough Road, Darwen, currently sends his 15-year-old daughter Rachel to Canon Slade CE School, Bolton, and she receives a free pass for the daily return trip.

But he has been told he will have to foot the bill for his 10-year-old daughter Rebecca and his son Peter, nine, who are both currently at Ashleigh Primary, Darwen, when they go to the same school.

Blackburn with Darwen Council has said there has been no change in policy but that it has issued a "clarification" in administrative rules.

Mr Huggill, a maths and religious education teacher and a former governor of St Peter's C of E School, Turncroft Road, Darwen, is preparing legal proceedings against the council and has complained to the Local Government Ombudsman.

He is also preparing court action citing breach of the Human Rights Act, because he feels he is being forced to separate his children. He is being represented by Ian Holden solicitors of Railway Road, Darwen.

"You can not have a policy that you interpret one way one week and another another," said Mr Huggill, who is now being represented by Ian Holland and Co Solicitors, Darwen.

As a Methodist, he wants his children to go to Canon Slade as it is more "ecumenical" compared to St Wilfrid's High Street, Blackburn, which is a high church school.

"They think parents will just cough up because the education of their children is so important."

There are currently around 120 students from the borough being educated at Canon Slade.

In 1998, when Blackburn with Darwen Council became a unitary authority, the Lancashire County Council policy determining free bus passes was continued.

By 2002, parents were told they would have to pay for their children's travel to Bolton because the school was not the most "suitable."

But after complaints, Peter Morgan, then assistant director of education at the council, said: "After reflection, it has been decided to offer transport assistance for your child."

But the admissions brochure for 2002/2003 then said: "Travelling expenses may be paid to parents only for education at the nearest appropriate school as determined by the borough council."

Mr Morgan, now director of education and lifelong learning, today said: "Until the school year 2002/2003 pupils who opted to attend Canon Slade School received transport assistance even if there was a place available at St Wilfrid's and they lived more than three miles from either school.

"This only applied to Canon Slade school, which meant that other parents who chose not to take up places at their nearest secondary school within the borough did not receive school transport assistance. This was clearly inconsistent and this has now been addressed."