Agenda and minutes

Also in attendance:

Ms L Brewer, Solicitor, Legal Services, Office of the Chief Executive;

Miss J Mort, Solicitor Legal Services, Office of the Chief Executive; and

Mr G Halsall, Business Support Officer, Democratic Services, Office of the Chief Executive.

Members are asked to consider any Pecuniary and Non-Pecuniary Interests they may have to disclose to the meeting in relation to matters under consideration on the Agenda.

County Councillor Prynn declared a non pecuniary interest in relation to appeal 3706 on the grounds that the appellant resided within her division and confirmed that she had no other association with the appellant.

County Councillor Dereli declared a non pecuniary interest in relation to appeal 3552 on the grounds that the appellant's Doctor was also hers and confirmed that she had no other association with the appellant.

County Councillor Cheetham declared a non pecuniary interest in relation to appeal 3710 on the grounds that the she had been appointed by the Local Authority as a Governor at the school attended and confirmed that she had no other association with the appellant.

Ms Brewer declared that in relation to appeal 3640 she was named in the papers as the Academy's legal advisor and therefore known to the Appellant and stated that prior to the Committee considering the appeal she would withdraw from the meeting and that Miss Mort, Solicitor would take her place whilst the Committee considers the appeal. It was suggested that this item be brought forward and considered first.

Resolved: That; the Minutes of the meeting held on the 1st December 2014 be confirmed as an accurate record and be signed by the Chair.

The next scheduled meeting of the Committee will be held at 10.00am on Monday 9th March 2015 in B15b, County Hall, Preston.

It was noted that the next meeting of the Committee would be held at 10.00am on Monday the 9th March 2015 in Room B15b, County Hall, Preston.

The Committee is asked to consider whether, under Section 100A(4) of the Local Government Act 1972, it considers that the public should be excluded from the meeting during consideration of the following item of business on the grounds that there would be a likely disclosure of exempt information as defined in the appropriate paragraph of Part 1 of Schedule 12A to the Local Government Act, 1972 as indicated against the heading of the item and that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Resolved: That the press and public be excluded from the meeting under Section 100A (4) of the Local Government Act, 1972, during consideration of the following item of business as there would be a likely disclosure of exempt information as defined in the appropriate paragraph of Part 1 of Schedule 12A to the Local Government Act, 1972, as indicated against the heading of the item.

(Not for Publication – Exempt information as defined in Paragraphs 1 and 3 of Part 1 of Schedule 12A to the Local Government Act, 1972.  It is considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interests in disclosing the information).

Please note that due to the confidential nature of the information included in this report it will not be published on the website.

(Note: Reason for exclusion – exempt information as defined in Paragraphs 1 and 3 of Part 1 of Schedule 12A to the Local Government Act, 1972. It was considered that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information).

A report was presented in respect of 21 appeals against the decision of the County Council to refuse assistance with home to school transport. For each appeal the Committee was presented with a Schedule detailing the grounds for appeal with a response from Officers which had been shared with the relevant appellant.

In considering each appeal the Committee examined all of the information presented and also had regard to the relevant policies, including the Home to Mainstream School Transport Policy for 2014/15, and the Policy in relation to the transport of pupils with Special Educational Needs for 2013/14.

Appeal 3640

Ms Brewer left the room whilst the Committee considered the appeal.

It was reported that a request for transport assistance had initially been refused as the pupil would not be attending their nearest suitable school, which was 0.6 miles from their home address, and instead would attend their 2nd nearest school which was 5.4 miles away.

In considering the appeal the Committee was informed that the pupil previously attended their nearest school until half way through their year 8 when they were transferred to the school now attended. It was reported that when the pupil commenced their secondary education they were subjected to abuse and bullying by another pupil. Even though the situation was reported to the school and other bodies, the family felt that insufficient action was taken against the perpetrator and the family therefore appealed for a place at their next nearest school which was allowed. The pupil commenced their education at the school currently attended in January 2014.

In considering the appeal further the Committee noted that the bullying incidents had been referred to the Police for investigation. No evidence had been provided to corroborate this point or to demonstrate what action would or had been taken or what the outcome was of their investigation. The Committee also felt that the bullying incidents could have been recognised and dealt with earlier by the school previously attended as evidenced in the appeal documentation.

However, the Committee noted that the pupil would have met the denominational criteria for admission in to the school now attended and would therefore be entitled to denominational transport whereby the parents would be required to contribute towards the total cost of school transport by paying the denominational contribution. There was no evidence in the appeal to demonstrate that the family were unable to meet this cost or to allow the Council to assess the full financial position of the family.

Whilst the Committee noted that the family had a successful admission appeal to the school now attended, it was reported that school appeal decision letters do not contain the reasons as to  ...  view the full minutes text for item 5.