Agenda and minutes

*County Councillor B Yates replaced County Councillor D Stansfield for this meeting only.

Also in attendance:

Ms L Brewer, Solicitor, Legal and Democratic Services; and

Mr G Halsall, Business Support Officer, Legal and Democratic Services

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.

None were disclosed.

The Chair reported to the Committee that the final sentence at paragraph four on page 7 of the minutes should be removed, as this evidence confirming foster carers claims for transport costs was received after the meeting had taken place. The Committee agreed that it should be removed from the minutes.

Resolved: That; subject to the above amendment, the Minutes of the meeting held on the 29th February 2016 be confirmed as an accurate record and be signed by the Chair.

The next scheduled meeting of the Committee will be held at 10.00am on Monday the 6th June 2016 in the John of Gaunt Room (Former County Mess Room), 2nd Floor County Hall, Preston.

It was noted that the next meeting of the Committee would be held at 10.00am on Monday the 6th June 2016 in the John of Gaunt Room (Former County Mess Room), 2nd Floor County Hall, Preston.

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(Not for Publication – Exempt information as defined in Paragraphs 1 and 3 of Part 1 of Schedule 12A to the Local Government Act, 1972.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

A report was presented in respect of 9 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 2015/16, and the Policy in relation to the transport of pupils with Special Educational Needs for 2013/14.

Appeal 3943

It was reported that a request for transport assistance had initially been refused as the pupils would not be attending their nearest suitable school, which was 3.75 miles from their home address, and instead would attend their 4th nearest school which was 5.05 miles away. The pupils were 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 Clerk reported that since the agenda had been posted to members of the Committee, the mother had submitted an additional statement in support of the appeal. Copies of the statement were handed out to all members at the meeting.

In considering the appeal the Committee noted that due to circumstances surrounding the father's health problems the family were forced to move out of their previous accommodation and seek rented accommodation. The Committee also noted that both pupils had commenced their GCSEs and that from their previous address they were entitled to free travel.

Whilst the Committee noted the reasons for not attending what was now considered their nearest school since the house move, no evidence had been provided to substantiate the bullying allegations. However, the Committee felt that it should make an award for both pupils for the remainder of their secondary education in order to support the family given the circumstances surrounding the house move and the pupils' education.

Therefore, having considered all of the parents comments and the officer responses as set out in the Appeal Schedule, application form and supplementary evidence the Committee was persuaded that there was sufficient reason to uphold the appeal and provide travel assistance for both pupils up to the end of 2016/17 academic year for the elder sibling and up to the end of the 2017/18 academic year for the younger sibling in order to support the family.

Resolved: That;

  i.  Having considered all of the circumstances and  ...  view the full minutes text for item 5.