Agenda and minutes

Members of the public are welcome to attend our meetings to watch them in person at any of the venues across the County. Publicly accessible meetings held in County Hall will be webcast, which means they are available to be watched live or recorded on our website. Please see our webcasting notice here. The Committee may, in certain circumstances, resolve to hold part of the meeting in private. If this is the case, you will be required to leave the meeting.

Venue: County Hall - Preston, PR1 8XJ. View directions

Contact: Iris Winn  Tel: (01772) 537986, Email:  appeals@lancashire

Items
No. Item

1.

Apologies

None

Minutes:

None.

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.

3.

Minutes of the meeting held on 3rd July 2017

Minutes:

Resolved: That; the Minutes of the meeting held on the 03rd July 2017 be confirmed as an accurate record and be signed by the Chair.

 

4.

Urgent Business

Minutes:

It was noted that the paperwork for appeals 4218, 4287, 4291 and 4323 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 4218, 4287, 4291 and 4323 were circulated to the Members of the Committee, to be considered alongside other appeals at the meeting.

 

5.

Urgent Business Signed Approval

Minutes:

None.

6.

Date of the Next Meeting

The next scheduled meeting of the Committee will be held at 10.00am on the 4th September 2017 County Hall Preston County Hall, Preston – Room G02.

Minutes:

It was noted that the next meeting of the Committee would be held at 10.00am on Monday 02nd October 2017 Room G02, County Hall, Preston.

 

7.

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.

 

8.

School Support Appeals

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 20 appeals and 4 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 4237

 

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 5.35 miles from their home address, and instead would attend their 4th nearest school which was 8.28 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 appellant's appeal the Committee noted that the family had recently moved to the area and the appellant states they receive free bus travel for the two younger siblings but the pupil is not eligible for transport assistance to secondary school.  At present the family take the pupil to the  bus stop for them to get the bus to school but this is proving problematic as the appellant has to be available at home to collect younger siblings from the mini bus.  The appellant had been getting help from  parents who collected the pupil from the bus stop but they are unable to do this longer term due to health issues.  The appellant has been enquiring about a mini bus service and was informed by the company that they need to have a bus pass to use service and the appellant feels that the distance from family home to school is about 3 miles and the road is unsuitable for walking.

The Policy states that transport assistance will only be applied to those children who attend their nearest suitable school. The Committee noted that the family stated the school attended as 1st preference and as such was awarded this school. The options available for transport to the parents preferred school are catching the bus which goes directly to school or paying for a Season Ticket to travel on the local 'feeder taxi' service which collects other pupils in the  ...  view the full minutes text for item 8.