Agenda item

To consider an appeal lodged in connection with the provision of assistance for home to school transport.

(This item contains personal information regarding the appellant which is exempt from publication by virtue of Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972)

The Committee considered an appeal that had been lodged in connection with a decision taken by officers within the Special Educational Needs Department not to provide assistance with home-to-school transport.

Mr P Thompson presented the case on behalf of the Authority.

The Appellant was in attendance at the meeting and was supported by Mrs Lavelle, SEND Information, Advice and Support Service, Blackpool Council.

Also in attendance at the meeting were Mrs Goodall, Head of Legal Services and Miss Burnett, Clerk to the Committee.

The Committee carefully considered all the information submitted by the appellant and the Authority both in writing and verbally at the meeting. 

The Committee had regard to the Council’s Home to School and College Transport Policy and Section 30 of the Children and Families Act 2014 and Schedule 2(14) of the SEND Regulations 2014.

It noted the relevant factors in the Authority’s case, in particular the decision to support the parental preference for her child to attend a specialist provision, despite an Educational Psychology Service assessment confirming that the child’s needs could be met within a mainstream high school environment.  This decision was taken as the costs would be comparable to a supported place within a mainstream school, but on the understanding that the appellant would be responsible for transportation to and from the school.  Other factors considered was the existence of a commissioned vehicle to the specialist provision, but it was noted that irrespective of this, the appellant’s child was not eligible for assistance as the distance to the mainstream school was less than three miles, within the specified walking distance, from the family home.  The Committee noted that there was no medical evidence to support the need for transport assistance.

The Committee considered the appellant’s reasons for wanting assistance with home-to-school transport costs.  It was noted that the appellant believed, having obtained independent quotations, that the cost of providing assistance would be considerably lower than the £9,000 per annum quoted.  The appellant’s reason for not wanting the child to attend a mainstream school was because she felt her child’s previous experience in the primary environment had been unsuccessful and was not confident that her child’s need would be met within a mainstream school.  It was noted that the appellant was of the opinion that her child was unable to use public transport unassisted and there was no extended family.

The Committee was satisfied that there was an available place at a mainstream school, which was within the specified walking distance and that it was a parental preference that the child attended a specialist provision.  The Committee gave careful regard to the appellant’s concerns for the welfare of the child, but was satisfied that the correct procedures had been followed.

After carefully considering all the evidence before it, the Appeals Committee was satisfied that the decision not to provide assistance with home to school transport costs was made in accordance with the Council’s Home to School and College Transport Policy and the Authority had shown flexibility in supporting parental preference, but there were insufficient exceptional circumstances to override the Policy. 

Resolved:

To uphold the officer’s decision not to provide assistance with home to school transport costs on the grounds that the decision was made in accordance with the Council’s Home to School and College Transport Policy and there were insufficient exceptional circumstances to override the Policy.

Background papers:  Exempt