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 a request to review the decision of the Council to not provide assistance with home to school transport.

Mr Henriques (Legal Advisor) was in attendance to advise the Committee on procedure and policy only and had taken no part in the original decision. Also in attendance was Mr Beattie, Clerk to the Committee.

The relevant Head of Service presented the case on behalf of the Authority and advised the Committee of the reasons why the child did not qualify for home to school transport under the Council’s Home to School Transport Policy.

The Committee noted that the appellant had informed the clerk that they wished the appeal to be considered in their absence.

The Committee carefully considered all the representations and documentation put forward by both parties.

The Committee acknowledged the information put forward by both the Appellant in their submission and by the Local Authority and was satisfied that the decision to not provide assistance with home to school transport was reasonable and correct and that the Council’s policies and procedures had been followed.The  Committee considered that the Council had in making its decision at Stage 1 acted reasonably and considered the family’s personal circumstances but had been reasonable to conclude that the application did not qualify as exceptional. The Committee considered that the Council was equally reasonable to conclude that the chold was not a child unable to walk to school by reason of a mobility problem so should not consider the application under paragraph 1.5 of Home to School and College Transport Policy.

Resolved:

To uphold the decision not to provide home to school transport on the grounds that the decision was made in accordance with the Council’s Home to School and College Transport Policy and the Committee did not consider that there were sufficient special circumstances or considerations to override the policy.