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 ES.

Mrs Sharon Davies, 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 Mrs Sarah Chadwick, Clerk to the Committee.

The relevant Head of Service presented the case on behalf of the Council and advised the Committee of the reasons why the child had not been awarded home to school transport. They had recently moved into the Blackpool area and whilst they had previously received transport assistance from Lancashire County Council at their last home address, Blackpool Council’s policy differed from Lancashire’s and the Council had determined that ES did not meet the criteria under its own policy.

The child’s complex medical needs and distance from home to school were acknowledged by the Head of Service who was sympathetic to the family’s circumstances, however the Committee was advised that insufficient evidence had been provided to show that the case met the financial eligibility criteria and that as post-16 transport was discretionary the request for transport assistance had been declined.

A parent of ES was in attendance and presented the case, explaining the child’s complex needs in detail which prevented them from making their way to school independently. ES had previously enjoyed the routine of using assisted travel and the parent set out the circumstances of their move into the Blackpool area, their other caring responsibilities and employment commitments which all presented difficulties in being able to transport ES to school themselves.

The Committee carefully considered the evidence submitted by both parties. It agreed that the policy had been followed and the application dealt with correctly, however it noted the reasons for the family’s move into the Blackpool area and believed that there were exceptional circumstances due to the complex medical needs of the child. It therefore agreed to overturn the decision to decline transport assistance and grant home to school transport in the case of ES.

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.