Agenda item

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(Not for Publication – Exempt information as defined in Paragraphs 1 and 3 of Part 1 of Schedule 12A to the Local Government Act, 1972.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Please note that due to the confidential nature of the information included in this report it will not be published on the website.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 2016/17, and the Policy in relation to the transport of pupils with Special Educational Needs for 2013/14.

 

Appeal 4528

 

The Committee were  informed that a request for transport assistance had initially been refused as the pupil a year 9 student would attend a school 7.48  miles from the home address as opposed to the nearest suitable school which was 7.19 miles from the home address. 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 the Committee noted that the appellant was appealing on the grounds that that the family live in a rural area down a private road and that whatever school the pupil attended this private road would have to be used to access to the main road network.  The committee further noted that the appellant states that they would not now wish to move the pupil from the school attended because they had now done their GCSE options and had established good friendships with their peers and also with the staff of the school attended so moving school was not an option at this stage in the pupils career.

 

The committee noted that the appellant had sent in maps to evidence their point that they considered to school attended to be the closer school which was noted by the committee.

 

The committee also noted the e-mail sent by the appellant to state that they required the committee to note further comments from the appellant to section 4 and 5 made by the officer in the schedule.

 

However the committee noted that although the appellant stated in the e-mail dated 30th May 2019 that they wished the committee to consider these additional points in relation the authorities' schedule that the appellant had not signed the schedule.

 

 

·  This is to certify that I have been provided with this version of the schedule which summarises my appeal in respect the Pupil prior to the appeal being considered by the Student Support Appeals Committee.

 

Please note: unsigned appeal schedules will not be considered by the Committee and will delay the process further.

 

Therefore, having considered all of the appellant's comments and the officer responses as set out in the Appeal Schedule, application form and supplementary evidence the Committee could therefore not consider the appeal until the appellant had signed the schedule as required by the Local Authority and as stated on the Schedule.

 

Resolved: That Appeal 4528 be deferred so that the appellant sign the appeal schedule in order for the appeal to be fully considered at the next Student Support Appeals Committee which will take place in September 2019.

 

Appeal 4589

 

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 7.45 miles from their home address and instead would attend their 2nd nearest school which was 8.28 miles away. The pupil was therefore not entitled to free transport in accordance with the Council's policy or the law. The appellants 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 the Committee noted that the appellant states that they had been informed that the criteria for free transport was that the pupil needs to attend the closest school via a safe walking distance from the home address to the school attended. 

 

The committee were reminded that when assessing the closest school to the home address this is done using a straight line measure and that the authority uses two bespoke mapping systems to determine this and that the mapping software used had a proven record for accuracy. 

 

The committee were further reminded that this is a two stage process and that the 1st stage is to determine the closest school to the home address.  This may include measuring along roads, footpaths and bridleways. The authority will measure from the nearest boundary entrance of your home (for example, your gate) to the nearest entrance to the school.

The authority will not include your drive or the drive at the school (if this applies) in this measurement. In most cases the Local authority will take the measurement using computerised map measurements. If these measurements are close to the mileage limits, we will measure them on foot using a trundle wheel.

 

The committee further noted that the appellant then goes on to evidence by using maps that according to the information provided by the appellant the school attended by the pupil is the closer school to the home address and that the appellant has walked this route and considers it a safe route from home to school.  The committee noted that the school the child attended is not deemed as the closest school to the home address and as such the authority will not consider the safest walking route to a school other than that deemed as the closest to the home address.

 

Therefore, having considered all of the appellant's comments and the officer responses as set out in the Appeal Schedule and application form the Committee felt that the school the pupil would attend was a matter of parental preference and was not persuaded that there was sufficient reason to uphold the appeal.

 

Resolved: That, having considered all of the circumstances and the information as set out in the report presented, appeal 4589 be refused on the grounds that the reasons put forward in support of the appeal did not merit the Committee exercising its discretion to make an exception and award transport assistance that is not in accordance with the Home to Mainstream School Transport Policy for 2018/19.

 

Appeal 4639

 

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 0.762 miles from their home address and was within the statutory walking distance, and instead would attend their 7th nearest school which was 4.61 miles away. 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 that the family were claiming for assistance on financial and medical grounds and that one pupil was being dealt with under the SEND team and the SEND transport policy.  Therefore the committee were advised that they would only be considering two pupils and that this would be under the mainstream 2018/19 transport policy.

 

 

 

 

 

 

 

Resolved: That;

 

Appeal 4639 be deferred in order for the appellant and officers to gather the following information and evidence:

 

·  Confirmation that the eldest sibling has now left school and transport assistance is no longer required.

·  Full and up to date financial information - Benefit statements (only 1 of 4 page document submitted).

·  Outcome from the appointment on the 29th March 2019 for the year 9 student.

·  Confirmation of where youngest sibling is attending primary school in September 2019 and the walking distance from home to that school.

·  Detailed reasons why the children cannot continue be taken to high school by car as they are currently.

 

Appeal 4646

 

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 1.07 miles from their home address and was within the statutory walking distance, and instead would attend a further school 2.47 miles away and over the statutory walking distance for a pupil in key stage 1. 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 that there seems to have been some confusion in relation to the offer of a school place at the preferred school when the appellant had taken the pupil off role at a previous school.

 

Resolved: That;

 

Appeal 4646 be deferred in order for the appellant and officers to gather the following information and evidence:

 

Deferred - In order for

 

·  Clarification why the child was taken off role at the previous school attended.

·  Time line of what school was offered when (Date) and why the places were not taken up at the time from the appellant.

·  Walking distance from the home address to all the schools offered to the appellant.

·  Shift pattern of the appellant to be confirmed from their employer.

·  Details of why the current arrangements cannot continue for taking the pupil to and from school.

·  Details of any public bus services from the home address to the school attended.

 

Appeal 4662

 

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 4.09 miles from their home address and over the statutory walking distance, and instead would attend their 5th nearest school which was 6.90 miles away and also over the statutory walking distance from home to school. 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 the Committee noted that the appellant is appealing on financial grounds, medical grounds relating to the pupil and medical grounds relating to the appellant.

 

The committee noted all the supplementary evidence that the appellant had submitted:

 

  • Universal Credit statement dated 11-04-2019
  • Calderdale Councils Free School Meals notification for the pupil for the period 11/04/2019 to 26/07/2019
  • Letter from Hospital dated 10/04/2019
  • E-mail from the school attended by the pupil.

 

Resolved: That;

 

  1. Appeal 4662 be deferred in order for the appellant and officers to gather the following information and evidence:

 

·  Clarification of the child permanent address on admissions.

·  Financial information from the Mother, benefit statements / bank statements etc. (recent and up to date).

·  Clarification of statutory walking distance from the Home address to school attended and the nearest school from both the parents' home address.

·  Any EHCP that the child may have.

·  Medical Evidence of appellant's disability.

·  Benefit states that father is receiving universal credit, PIP Statement is required.

·  Confirmation that the Disabled child is and carers allowance paid to the father does relate to pupil.

·  Any award made to the mother in relation to disability to the pupil.

 

 

  • Reason why the Grandparent cannot continue to take the child to and from the drop off point for the pupil to get the bus to school.
  • The appellant states that there is access to a car in the home.  Clarification is sought by the committee if this is a separate mode of transport to that used by the grandparent.

 

Appeal 4667

 

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 2.43 miles from their home address and was within the statutory walking distance and instead would attend a further school which was 4.53 miles from the home address. The pupils 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 the Committee noted that the pupils were from September 2019, starting in year 7 and year 11 for the elder pupil.

The local authority states on the summary as noted by the committee that checks had taken place with the neighbouring authority and that both authorities had the school awarded for the year 7 pupil as the nearer school to the home address.  The committee also note that the neighbouring Local authority which the further school is located confirmed that they were not in receipt of any appeal for the year 7 pupil to attend the school that the appellant were appealing for transport for. 

 

The committee noted that the family were not appealing on finical, medical or educational continuity grounds.  The committee note that the appellant is appealing under Section D "Other Acceptable Reasons" and that the basis of the appeal seems to be as stated by the appellant that this contravenes parts of the Human Rights Act 1998.  The committee noted that the school of preference was a school faith and that the nearer school was a Community High School with no affiliation to any faith.  The committee however noted that no claim for transport assistance had previously been made for the elder pupil already attending the school and who was to start year 11 in September 2019.  The committee noted that the elder pupil currently travels to and from school by Coach as stated by parents on the appeal paperwork.

 

The committee were reminded that The Department for Education guidance confirms that parents do not enjoy a specific right to have their child educated at a school with a religious character or a secular school, or to have transport arrangements made by their local authority to and from any such school.

 

Considering the Officer's comments, the Committee noted that it was parental preference for schools and academies and the application of admission arrangements linked to these which informs and drives the subsequent application of the Local Authority's 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.  There was also no evidence provided by the appellant to state that the cost of travel to and from school could not be met by the appellant.

 

The Committee reminded that it is the parents' primary responsibility for ensuring their child's safe arrival at school and in all cases when assessing the suitability of routes, the County Council will assume that the child is accompanied, where necessary, by a parent or other responsible adult and is suitably dressed. The County Council's Unsuitable Routes Policy considers routes to be safe if there is a footway, verge, walkable roadside strips or footpath.  The committee were reminded and noted that the authority will not take into account the working arrangements of parents or other commitments like taking other children to and from school when assessing transport entitlement.

 

Therefore, having considered all of the appellant's comments and the officer responses as set out in the Appeal Schedule, application form and supplementary evidence the Committee felt that the school the pupils would attend was a matter of parental preference and was not persuaded that there was sufficient reason to uphold the appeal.

 

Resolved: That, having considered all of the circumstances and the information as set out in the report presented, appeal 4667 be refused on the grounds that the reasons put forward in support of the appeal did not merit the Committee exercising its discretion to make an exception and award transport assistance that is not in accordance with the Home to Mainstream School Transport Policy for 2018/19.

 

Appeal 4669

 

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 2.47 miles from their home address, and instead would attend a further school which was 13.88 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 the Committee noted that the family had relocated to the area due personal reasons and the safety of the family. The appellant stated that the decision to send the pupil to the further school was because of the pastoral care offered at the school and the ability of the school to meet the specific needs of the pupil and stated that the school would suit the pupil's needs.  The committee were reminded that all schools are able to provide education appropriate to the age, ability and aptitude of the child and any SEN that child may have.

 

The committee considered all the evidence submitted by the appellant as listed on the schedule and did have a great deal of sympathy with the family and pupil.

 

Therefore, having considered all of the appellant's comments and the officer responses as set out in the Appeal Schedule, application form and supplementary evidence the Committee felt that the school the pupil would attend was a matter of parental preference and was not persuaded that there was sufficient reason to uphold the appeal.

 

Resolved: That, having considered all of the circumstances and the information as set out in the report presented, appeal 4669 be refused on the grounds that the reasons put forward in support of the appeal did not merit the Committee exercising its discretion to make an exception and award transport assistance that is not in accordance with the Home to Mainstream School Transport Policy for 2018/19.

 

Appeal 1050530

 

The Committee was informed that a request for transport assistance had initially been refused as the pupil would attend a school 1.1 miles from the home address and under the statutory walking distance for a pupil over the age of 8 and instead attends a school 7.1 miles from the home address.  The committee noted that the school allocated by the LA was the 1st preference by the appellant on the admissions documentation.  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 that the pupil did have an EHC Plan and that there had been a series of meetings at primary school with the relevant officers to update the EHC Plan and discuss the transition from Primary education into secondary education.  The committee noted that the pupil had been awarded the 1st choice of school during the admissions process.

 

It was reported that whilst the pupil’s needs and appropriate provision would be met by the school offered the committee were reminded that that the Department for Education's definition of suitable was "nearest school with places available that provides education appropriate to the age, ability and aptitude of the child and that all schools are able to offer the support the pupil would require.. The Committee concurred with the Council that the nearest school met this definition and that it was a suitable school.

 

The appellant states that the pupil would attend the same school as their elder sibling and that the pupil had not even considered attending any other school and refused to look at any of the other schools in the area.  The committee noted parental concerns about the pupil's fears and that they were not allowed out unsupervised.  The committee noted in the appeal paperwork that there was no indication of what transport provision parents were expecting to be made for the pupil. 

 

The committee noted that the EHC Plan was sent to parents completely based on the provision to be made for the pupil at the school of choice and that this clearly stated that transport provision was not provided as the pupil would not attend their nearest school. 

 

The committee noted that the family were not appealing on finical grounds.  The committee note that the appellant is appealing on medical grounds.  The committee noted that the school of preference was a school faith and that the nearer school was a Community High School with no affiliation to any faith.  The committee however noted that no claim for transport assistance had previously been made for the elder pupil and that no details had been supplied on how the elder sibling currently attended school. 

 

The committee were reminded that The Department for Education guidance confirms that parents do not enjoy a specific right to have their child educated at a school with a religious character or a secular school, or to have transport arrangements made by their local authority to and from any such school.

 

Therefore, having considered all of the appellants comments and the officer responses as set out in the Appeal Schedule, application form and supplementary evidence the Committee felt that the school the pupil would attend was a matter of parental preference and was not persuaded that there was sufficient reason to uphold the appeal on the information provided.

 

Resolved: That, having considered all of the circumstances and the information as set out in the report presented, appeal 1050530 be refused on the grounds that the reasons put forward in support of the appeal did not merit the Committee exercising its discretion to make an exception and award transport assistance that is not in accordance with the Home to Mainstream School Transport Policy for 2016/17 and the policy on the provision of transport for pupils with special educational needs.