Agenda and minutes

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Contact: Iris Winn  Tel: (01772) 537986, Email:  iris.winn@lancashire.gov.uk

Items
No. Item

1.

Apologies

None were recieved

Minutes:

None were received

9.

Minutes of the meeting held on Monday, 3rd July, 2017 at 10am county Hall Preston

2.

Disclosure of Pecuniary and Non-Pecuniary Interests

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.

Minutes:

There was none to disclose to the Committee.

3.

Minutes 10th April 2017 -

Minutes:

That the Minutes of the meeting held on the 10th April 2017 be confirmed as an accurate record and be signed by the Chair.

 

4.

Urgent Business

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.

Minutes:

It was noted that the paperwork for appeal 4268 had only been finalised after the agenda had been circulated. As a result, the Chair had been consulted and had agreed that these appeal could be presented to the meeting under urgent business in order to avoid any delay in determining it.

 

Resolved: That appeal 4268 was circulated to the Members of the Committee, to be considered alongside all other appeals at the meeting.

 

5.

Date of the Next Meeting

The next scheduled meeting of the Committee will be held at 10.00am on the Monday 4th September 2017  at County Hall, Room to be confirmed.

Minutes:

It was noted that the next meeting of the Committee would be held at 10.00am on Monday 4th September 2017 (tbc) Preston.

 

6.

Exclusion of the Press and Public

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.

Minutes:

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.

 

7.

Part II (Not open to the Press and Public)

Minutes:

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.

 

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8.

Student Support Appeals

(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.

Minutes:

(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 19 appeals and 1 urgent business appeal 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 2016/17.

 

 

9.

4215

Minutes:

Appeal 4215

 

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 2.66 miles from their home address, and instead would attend their 3rd nearest school which was 3.03 miles away. The pupil was therefore not entitled to free transport in accordance with the Council's policy or the 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 the law.

 

In considering the mothers appeal the committee noted that the mother was a single parent and also had a younger child with a disability who the mother states was the mother's priority.

 

It was noted that the mother initially stated she only wrote only one school preference on the form but was advised by pupil access team that she had to include two other preferences.  The pupil was subsequently given their second choice of school. The mother states that the school is over 3 miles from the home address and considers the route to be unsafe as there is no walk way to the school. 

 

The mother also stated that her finances have been reduced now that the pupil is not attending primary school clubs and that the mother will now have to pay for bus fares in order for the pupil to attend school.  It is acknowledged that the mother was getting extra financial support for the child to attend primary school care clubs but this would have been paid out to care clubs and as such not classed as any income for the family.  The Committee noted that this would not disadvantaged  the family financially as the financial assistance awarded for care club  would have been used to pay for that provision only.

 

The appeal was originally deferred in order for the committee to gain further information from the parents in order to make an informed decision.  The committee asked for the following:-

 

  • Family to submit benefit awarded – complete and up to date and in full.

Benefit statement were supplied and confirmed that the family are not on the maximum working tax credits in order for extended transport provision to be considered

 

  • The mother to clarify the details of the sibling's disability

No details of sibling's disability supplied by the parent.

 

  • Clarification of the safe walking route from the home address to school.

The home to school transport policy states that the LA only have to assess the safe walking route to the nearest school, as the pupil is not attending

not apply..

 

In considering the appeal further the Committee considered the family's financial circumstances and noted that the Benefit statements provided did not state that the family were on the maximum working tax credit or on a low income as defined in law. No evidence had been provided to suggest that the family  ...  view the full minutes text for item 9.