Agenda and minutes

Venue: CH1:15 - County Hall, Preston. View directions

Contact: Artur Ogonowski, Hina Visavadia  Tel: (01772) 537986, Email:  appeals@lancashire.gov.uk

Items
No. Item

1.

Apologies

CC J. Cooney

Minutes:

CC Joe Cooney

3.

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:

None

4.

Minutes of the meeting held on 23rd April 2018

Resolved: that the minutes of the meeting held on the 23rd April 2018 is to be confirmed as an accurate record and to be signed by the Chair.

Minutes:

Resolved: that, the minutes of the meeting held on 23rd April was confirmed as an accurate record and was signed by the Chair.

5.

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:

None

6.

Date of the Next Meeting

The next scheduled meeting of the Committee will be held at 10.00 am on the 2nd July 2018 at CH1:15, County Hall, Preston.

Minutes:

It was noted that the next meeting of the Committee would be on held 2nd July 2018 at 10 am 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.

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 16 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 2017/18, and the Policy in relation to the transport of pupils with Special Educational Needs for 2013/14.

 

Appeal 4444

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 1.4miles from their home address and within the statutory walking distance, and instead would attend school which was 5.5 miles away from home. The appellant was 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.

The Committee noted the appellant's summary which stated the family moved house in 2017 as an urgent move.  The appellant thought criminal damage to the property had been caused by a family member; the police were involved but there had been no proof of this.  The appellant rented through a housing association and the property the family moved to was the first available property and was accepted due to the urgency of the required move. 

The appellant stated, as noted by the Committee, the pupil currently travelled to school using a free bus pass. This was due to end in 2018.  The appellant stated they were in receipt of benefits and were a single parent with four children and had difficulties with money.

The appellant also stated, as noted by the Committee that they suffered from multiple health issues, they had a health consultant, care co-ordinator and care worker and that they were undergoing further tests.

The Committee noted, the appellant explained that the pupil had a case worker at the school who had been supporting them through issues regarding a family member.

It was noted by the Committee, the appellant stated that the family had been through a lot of home issues and were currently on a high priority and due to extenuating circumstances had been placed on protection list.

The Committee noted the officer's comments which stated transport assistance had been refused as the pupil was not attending their nearest suitable school. 

The Committee was reminded that it is parental preferences for a school and academies and the application  ...  view the full minutes text for item 8.