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 in respect of A.C.

Ms D Goodall (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 L 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 qualify for assistance by means of a bus pass but not dedicated home to school transport. The relevant Head of Service explained that following a review of eligibility and particularly after the commencement of travel training, A.C did not qualify for dedicated home to school transport based on Special Educational Needs. It though remained the case that the nearest suitable school was over 3 miles from the parental address so A.C. would remain eligible for assistance by means of a bus pass.

A family member was in attendance and presented the case on behalf of the family. The appellant highlighted while they were satisfied that the Home to School Transport Policy had been followed, their view remained that A.C. should be granted given the exceptional circumstances. The appellant explained that while the travel training had worked well to build confidence and meant that A.C. could now travel on their own by bus. The appellant identified the key issue being the significant amount of time that A.C would have to wait for a bus after school combined with their significant vulnerability which would cause a safeguarding concern particularly as most other children at the school received home to school transport.

The Committee considered the evidence submitted by both parties. While it considered that the policy had been followed and the application dealt with correctly. It considered it there were circumstances notably A.C’s vulnerability and the fact that they had not yet completed the travel training to grant home to school transport on a short term basis as an exceptional case.

Resolved:

That home to school transport be granted for the remainder of school year 2023/234 (unless circumstances change) on the grounds of exceptional circumstances.