Agenda and minutes

Student Support Appeals Committee - Tuesday, 8th October, 2019 10.00 am

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

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 2nd September 2019

Resolved: That; the Minutes of the meeting held on the 2nd September to be confirmed as an accurate record and to be signed by the Chair.

Minutes:

Resolved: That; the Minutes of the meeting held on the 2nd September 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.

 

 

Minutes:

2 urgent business items were submitted to the committee and agreed to be heard by the chair items 4747 & 565447.

 

5.

Date of the Next Meeting

The next scheduled meeting of the Committee will be held at 10.00am on the 4th November 2019 at County Hall, Preston (meeting room to be confirmed).

Minutes:

It was noted that the next meeting of the Committee would be held at 10.00am on Monday 4th November 2019 at 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 2019/20, and the Policy in relation to the transport of pupils with Special Educational Needs for 2013/14.

 

4659

 

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 2.97 miles from the home address, and within the statutory walking distance of under 3 miles and instead would attend a school which was 5.81 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 appellant moved house prior to the summer term 2019 due problems with the neighbours.  The appellant was appealing to the committee on financial and educational continuity grounds, the committee note that they are not appealing on medical grounds of either the parent or the pupil.

 

The appellant states that they are on a low income and they cannot afford the cost of Bus travel to and from school each day for the pupil.  They state that it is important for the pupil to continue at the school attended as they have  lived in the UK for less than 2 years the pupil is making good progress, has made friends and as the school is a faith school this offers the pupil a good caring ethos. The appellant states that they would like transport assistance awarded as soon as possible and until the child leaves the school attended.

 

The committee noted that there is a school closer to the home address with availability for the pupil to attend.  The school attended was noted as the second nearest school to the home address from the previous address.  The committee were advised that the school attended by the pupil was only 0.84 miles from the previous address and was within the statutory walking distance from home to school.  The school attended is now not the closest to the home address and is 5.81 and the 3rd nearest school to the home address.  At the time of application for a place at high school the committee noted that the appellant was offered their 3rd choice of school from the previous address. 

 

The committee noted that the school the pupil attended was a school of faith but there was no evidence that the pupil had been admitted on faith grounds.  The committee noted that the appellant is appealing on educational continuity grounds and financial grounds.  The committee were reminded that the pupil started at the school in year  ...  view the full minutes text for item 7.