Agenda and minutes

Also in attendance:

Ms L Brewer, Solicitor, Legal and Democratic Services;

Miss H Ishaq, Paralegal Officer, Legal and Democratic Services;

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

Mrs I Winn, Business Support Officer, 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.

No disclosures of interests were made at the meeting.

Resolved: That; the Minutes of the meeting held on the 3rd September 2015 be confirmed as an accurate record and be signed by the Chair.

An item of urgent business may only be considered under this heading where, by reason of special circumstances to be recorded in the Minutes, the Chair of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency. Wherever possible, the Chief Executive should be given advance warning of any Member's intention to raise a matter under this heading.

It was noted that due to a fault of the Council, the following appeals had been received late but were originally scheduled to be considered at this meeting:

·  3783;

·  3792;

·  3808;

·  3847;

·  3850;

·  3864;

·  3868;

·  3870;

·  3871;

·  3872;

·  3875;

·  3876;

·  3879;

·  3889;

·  3905;

·  3906; and

·  3914.

As a result, the Chair had been consulted and had agreed that these appeals could be presented to the meeting under urgent business in order to avoid any delay in determining them.

Resolved: That, appeals:

·  3783;

·  3792;

·  3808;

·  3847;

·  3850;

·  3864;

·  3868;

·  3870;

·  3871;

·  3872;

·  3875;

·  3876;

·  3879;

·  3889;

·  3905;

·  3906; and

·  3914

as circulated to the Members of the Committee, be considered alongside other appeals at the meeting.

The next scheduled meeting of the Committee will be held at 10.00am on the 2^nd November 2015 in Room B15b, 1^st Floor, County Hall, Preston.

It was noted that the next meeting of the Committee would be held at 10.00am on Wednesday the 2nd November 2015 in Room B15b, 1st Floor 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 27 appeals and 17 urgent business 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 3776

It was reported that a request for transport assistance had initially been refused as the pupil would not be attending their nearest suitable school with a place available (the third nearest school), which was 0.9 miles from their home address, and instead would attend their 2nd nearest school with a place available (the 23rd nearest school per se) which was 2.4 miles away. The pupil was therefore not entitled to free transport in accordance with the Council's policy or in law. The family were appealing to the Committee on the grounds that they had extenuating circumstances to warrant the Committee in exercising its discretion and award transport that was not in accordance with the Council's policy or in law.

In considering the appeal the Committee noted the reasons why the family had to move from their previous address, which was close to the school attended and that the mother had been unable to find a nearer school which could offer the pupil a place. The Committee also noted that the mother had accepted the pupil's attendance was poor and was therefore appealing for transport assistance. The Committee noted that the mother had three younger children.

In considering these points the Committee was informed that the pupil's attendance had never been satisfactory, except for when the family lived in a street close to the school. However, since moving to the current address the pupil's attendance had deteriorated alarmingly and the Council was now involved with the situation. However, in considering the family's circumstances there was no evidence to suggest what the status of the present address was or whether they lived family/friends. Neither had any evidence been provided to substantiate the reasons for the house move. The Committee expressed concern in relation to the allegations put forward in the appeal and felt that the appeal should be deferred to allow the mother to provide the necessary supporting evidence from the school attended and any supporting agencies to substantiate her family's current situation.

In considering the appeal further the Committee was informed that the mother  ...  view the full minutes text for item 6.