Agenda and minutes

*County Councillor Stansfield replaced County Councillor Perks for this meeting only.

Also in attendance:

Ms L Brewer, Solicitor, Legal and Democratic Services;

Mr G Halsall, Business Support Officer, Legal and Democratic Services; and,

Ms A Esslinger, Complaints Manager, Legal and Democratic Services.

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 Cheetham declared a non pecuniary interest in relation to appeal 3744 on the grounds that she knew the appellant. County Councillor Cheetham agreed to leave the room when the Committee considered the appeal later on in the meeting.

Resolved: That; the Minutes of the meeting held on the 9th March 2015 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 1st June 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 1st June 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(Not for Publication – Exempt information as defined in Paragraphs 1 and 3 of Part 1 of Schedule 12A to the Local Government Act, 1972.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 8 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 3712

At its meeting held on 19th January 2015, the Committee resolved:

"That appeal 3712 be deferred In order for the Committee to receive further information in relation to:

  i.  Why temporary discretionary transport was awarded to attend the pupil's 40th nearest school;

  ii.  Whether the family receive a bursary for the pupil's sibling to attend a private school;

  iii.  Determine whether the mother is currently able to drive, given that it's possible at least three people in the family house had a car each; and

  iv.  Determine who takes the pupil to hospital."

In considering the appeal further, the Committee noted that temporary transport was provided because the mother had been admitted to hospital. As this was no longer the case, the Committee could not determine how the mother coped with the school run prior to this event as the Committee felt the health problems that currently exist, were also present prior to being admitted to hospital. It was not clear when the pupil's elder siblings commenced their higher education.

With regard to the pupil's sibling who attended a private school, the Committee could not ascertain whether the bursary provided included the payment of the fees to attend the school as well as for transport provision to the school. No evidence had been provided to substantiate this point.

In considering whether the mother was able to drive or not, no evidence had been provided to substantiate this point. However, the Committee noted the mother's health problems and the family's circumstances.

The Committee noted that the pupil was conveyed to hospital using hospital transport. However, no evidence had been provided to substantiate this point. Whilst the Committee were sympathetic to both the pupil's and the mother's health problems, and after considering all of the mother's comments and the officer responses as set out in the Appeal Schedule, application form and supplementary evidence the Committee felt that the school the pupil would attend was a matter of parental preference and was not persuaded that there was sufficient reason to uphold the appeal.

Resolved: That, having considered all of the circumstances  ...  view the full minutes text for item 5.