Agenda and minutes

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CC A. Cheetham

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.

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Resolved: That the minutes of the meeting held on 14^th January 2019 is to be confirmed as an accurate record and to be signed by the Chair.

Resolved: That; the Minutes of the meeting held on the 14^th January 2019 was 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.

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Two cases were presented to the Committee appeal 4580 & 4621.

The next scheduled meeting of the Committee will be held at 10.00am on the 08^th April 2019 in Room CHG:02, County Hall, Preston.

It was noted that the next meeting of the Committee would be held at 10.00am on Monday 8^th April 2019 at County Hall, Preston, room CH G:02.

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(Not for Publication – Exempt information as defined in Paragraphs 1 and 3 of Part 1 of Schedule 12A to the Local Government Act, 1972.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).

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 2018/19, and the Policy in relation to the transport of pupils with Special Educational Needs for 2013/14.

Appeal 4533

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 2.88 miles from their home address, and instead would attend a school which was 10.23 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 appeal further the Committee noted that the appellant was requesting transport assistance on Financial and Medical grounds.  The Committee were advised that during the application process parents are reminded that if travel to and from school is a consideration then all parents are directed to LCC's website to view the full policy and to check with the area education office to check individual eligibility.

The Committee was reminded that it is parental preferences for a school and academies and the application of admission arrangements linked to those which informs and drives the subsequent application of the Local Authority home to school transport policy. The Council has no statutory duty to provide transport assistance in circumstances where pupils do not attend their nearest school or academy. Eligibility to receive transport assistance is assessed by determining the distance between the entrance of a child's home and the entrance of the nearest school they could attend.  The measurement is taken from the nearest boundary entrance of the pupil's home to the nearest entrance to the school. Free transport can only be authorised if the pupil is attending the closest school to home address and the distance to get to the school attended by the pupil exceeded the statutory walking distance. The school attended by the pupil was not the closest school to the home address and as such the pupil was not entitled to free transport assistance.

The appellant further states that they are disabled, cannot walk very far and is unable to drive on occasion and that the disability means that they cannot work, as noted by the committee.  The committee noted also that the family state that they struggle financially and that the appellant is in receipt of PIP, standard rate for daily living and enhanced rate for Mobility.  ...  view the full minutes text for item 7.