Agenda and minutes

Venue: Virtual Meeting

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

Media

Items
No. Item

1.

Apologies

None

Minutes:

CC J 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 19th October 2020 @ 11am

Minutes:

Resolved: That; the Minutes of the meeting held on the 19th October 2020 were 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:

1 Urgent business case

6.

Date of the Next Meeting

The next scheduled meeting of the Committee will be held at 11.00am on the 14th December 2020 by Virtual Meeting (skype).

Minutes:

The next scheduled meeting of the Committee will be held on Monday 14th December 2020 – By Virtual Remote Hearing (Conference Call).

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:

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.

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:

(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.

 

TRANSPORT MINUTES – DRAFT – 09TH NOVEMBER 2020

4836

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 3.65 miles and instead would attend school which was 3.97 miles from the home address. 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.

The Committee noted the appellant's summary which stated the family were not appealing on financial, medical or educational continuity grounds but was appealing under:

 

Section D:  Other Exception Reason:  The family submitted an E7/10 form having been advised that they may be entitled to transport assistance.  However, the family subsequently received a telephone call from Pupil Access Team advising that they had made a mistake when they suggested the pupil was POSSIBLY entitled to free transport.  During the conversation, they were informed they could be considered for free travel should they change their choice of school to the nearest suitable school at 3.65 miles after the pupil had been assigned a form teacher at the school attending.  The family were unaware that the nearest suitable school was even a education facility or, in fact, the nearest by 0.3 of a mile shorter than the school attended by the pupil.

 

The Committee noted the family had enclosed:

 Image 1 which showed the council's shortest route to the nearest suitable school and another school.  The family felt this was an unsafe route to and from these schools and had explained why.  The alternative route out of the village was a recognised HGV route.  The family felt that both route were completely unsuitable for a child and an adult to walk at any time of day.  There was no public footpath, walkable verge or refuge points and the family felt the traffic exceeded the maximum vehicle numbers per hour relevant to the width or road, as documented in the council school transport policy 2020/21.  Given the topography of the route with sections reaching 14% gradient and the poor quality of the road, especially near to the side verges, the route was not an acceptable safe walking route.  To compound matters, there was no street lighting.  This route also regularly flooded. It was highlighted that most of this route had no dedicated  ...  view the full minutes text for item 8.