Agenda and minutes

Venue: County Hall, Preston

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

Items
No. Item

1.

Apologies

None

Minutes:

CC J Cooney

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:

None were declared.

3.

Minutes of the meeting held on 11th March 2019

Resolved: That the minutes of the meeting held on 11th March 2019 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 the11th March 2019 were confirmed as an accurate record and were 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:

None.

5.

Date of the Next Meeting

The next scheduled meeting of the Committee will be held at 10.00am on the 03rd June 2019 in the County Secretary and Solicitors Group Training and Meeting Room in the Office of the Chief Executive, Christ Church Precinct (1st Floor) at County Hall, Preston.

Minutes:

It was noted that the next meeting of the Committee would be held at 10.00am on Monday 3rd June 2019, County Hall, 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.

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).

 

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 4593

 

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 1.26 miles from the home address, and within the statutory walking distance of under 3 miles and instead would attend a school which was 5.23 miles away. The pupil was therefore not entitled to free transport in accordance with the Council's policy or the law. The committee noted that the officer also states that there are 2 further schools closer to the family home than the school attended by the pupil and that if these schools were selected by the appellant as a choice of school then the pupil would have been offered a place at closer schools than that attended by the pupil. 

 

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 appellant states that they have exceptional circumstances that are medical, the medical issues relate to the appellant and not the pupil but the appellant states that they have a direct impact of the pupil. 

 

The Policy states that transport assistance will only be applied to those children who attend their nearest suitable school that can provide suitable education for their age/aptitude etc.  The Committee noted that the family stated the school attended as 1st preference and initially allocated their second preference of school.  The committee noted that the appellant had appealed for the school attended and that a place had been granted on appeal.  The committee were advised that schools awarded through appeal do not come with an award of transport assistance.

 

In considering the appeal further the Committee considered the family's circumstances.  The policy states that if you have a low income and your child is in Year 7 to 11 in secondary school, we may be able to provide free transport if they go to one of their three nearest schools. For your child to receive free transport, the school must be between 2 and 6 miles away from your home.  The committee noted that the school the pupil attended was 5.23 miles from the home address and was not one of the three nearest school to the home  ...  view the full minutes text for item 7.