Agenda and minutes

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.

None were disclosed.

Resolved: That; the Minutes of the meeting held on the 8th December 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 the paperwork for appeals 3925, 3987 and 3991 had only been finalised after the agenda had been circulated. 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 it.

Resolved: That, appeals 3925, 3987 and 3991 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 Monday 29^th February 2016 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 Monday the 29th February 2016 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(Not for Publication – Exempt information as defined in Paragraphs 1 and 3 of Part 1 of Schedule 12A to the Local Government Act, 1972.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 13 appeals and 3 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 2015/16, and the Policy in relation to the transport of pupils with Special Educational Needs for 2013/14.

Appeal 3799

At its meeting held on 3rd September 2015, the Committee resolved:

"That Appeal 3799 be deferred in order for the Committee to receive dated professional medical evidence to demonstrate how far the pupil was able to walk."

In considering the appeal further the Committee that the mother had provided dated medical evidence from September 2015 from the pupil's GP which confirmed the pupil's health problem and indicated that walking short walking distances could enhance the pupil's symptoms. However, the Committee concurred with the Council's view in that the evidence did not specifically state that the pupil's health problem was so severe that walking a short distance would prevent them walking to and from school.

The Committee noted the mother's point that the pupil was walking to and from school but ended up having time off due to them needing medical assistance and hospitalisation due to walking that distance on a daily basis. However, there was no indication in the medical evidence as when the pupil was hospitalised or on how many occasions to enable the Committee to determine the full extent of the pupil's health problem. The Committee also noted that the medical evidence had stated that the pupil has had to take a significant amount of time off school as a result of their health problem. However, the only information received from the school on this point referred to "health reasons that are affecting their attendance and progress". No evidence had been provided from the school that quantified the level of absence. Furthermore, the Committee noted that the mother made reference to the pupil taking their PE kit to school. The mother had provided the Council with an update since the appeal was submitted to state that the pupil was not permanently excused from PE lessons and that they took part when they could and that the mother sent in notes when they couldn't take part. The Committee noted there was no information from the school to outline what support they had in place for the pupil.

In considering the pupil's  ...  view the full minutes text for item 6.