Agenda item

6.1

Revised Procedure

6.1.1

The Interim Director of Legal and Governance reported on proposed revised arrangements with regard to the consideration of appeals against administrative decisions made by the Executive Director, Children, Young People and Families, to refuse to grant home to school travel bus passes, following further guidance issued by the Department for Education in July 2014.

6.1.2

Paul Robinson, Head of Democratic Services, referred to a complaint made by the parent of a child, to the Local Government Ombudsman, following a decision of the Committee, at its meeting held on 18^th September, 2014, to not uphold the appeal against the decision to refuse to grant a home to school travel bus pass.  He stated that, following the investigation, the Local Government Ombudsman had found maladministration on the part of the Local Authority in that due process regarding the appeal had not been followed, specifically that the parent had not been afforded the opportunity to make verbal representations in support of her appeal. The Local Government Ombudsman also determined that there had been insufficient detail in the decision letter sent to the parent following the decision made by the Committee, and had therefore not been able to establish whether the Committee had given sufficient consideration  to the appeal.

6.1.3

Nadine Wynter, Legal Service Manager, referred to recent changes introduced by the Department for Education, relating to the management of appeals against decisions to refuse to grant home to school travel bus passes, indicating that in July 2014, a further change had resulted in local authorities being required to offer parents whose requests had been refused, the right to make verbal representations as part of their appeal against the decision.

6.1.4

Paul Robinson stated that, as well as parents being offered the right to make verbal representations, there would also be a requirement for the decision letters to be improved, and it was suggested that officers provide a checklist to assist Members to consider all aspects of the appeals, and to enable officers to draft more detailed decision letters.  Mr Robinson referred to the case which had been considered by the Local Government Ombudsman, indicating that, following the determination, there was a requirement on the Local Authority to reconsider the appeal, and that arrangements would have to be made for the appeal to be considered by Members who had not taken part in the original appeal.  Mr Robinson also circulated a proposed hearing procedure for dealing with verbal representations at future meetings of the Committee.

6.1.5

RESOLVED: That the Committee:-

(a)       notes the information now reported, together with the requirement to give further consideration to how future meetings should be arranged in order to facilitate the required changes;

(b)       approves the proposed hearing procedure now circulated; and

(c)        in the light of the information now reported, approves the establishment of a Sub-Committee, comprising Councillors Talib Hussain, Vickie Priestley and Sioned-Mair Richards, to consider the appeal now mentioned, at 12.30 pm, on 18^th February, 2015.

6.2

Appeals

6.2.1

The Executive Director, Children, Young People and Families, submitted reports and commented upon six cases where parents had appealed against the administrative decisions made by the Executive Director with regard to the refusal to grant home to school travel bus passes.

6.2.2

The Committee gave consideration to all the supporting information and evidence provided by the pupils’ parents including, in some cases, evidence and advice provided by voluntary or professional bodies and organisations and, arising therefrom, it was:-

6.2.3

RESOLVED: That (a) three appeals be not upheld on the grounds that there are no exceptional circumstances demonstrated, and having regard to the Council’s Home to School Transport Policy, (i) the schools that two of the pupils are requesting passes for are not their catchment schools/nearest suitable schools (Case Nos. KIED1 and KIED2) and (ii) the distance from the home address of one of the pupils to the school for which they are requesting a pass for is less than the distance in the criteria (Case No. STMA1);

(b) two appeals be upheld on the grounds that there are exceptional family circumstances in the cases (Case Nos. STAN1 and SB1); and

(c) consideration of the remaining appeal be deferred to enable the Executive Director to seek further information in connection with the case and, if and when such information is provided, authority be given for the Executive Director, in consultation with the Chair, to determine the appeal (Case No. WAME1).

(NOTE: In accordance with Council Procedure Rule 26 of the Council’s Constitution and the provisions of Section 100B(4)(b) of the Local Government (Access to Information) Act 1985, the Chair decided that Case Nos. STAN1 and SB1 be considered as matters of urgency in order for the appeals to be considered at the earliest possible opportunity, although it had not been possible to give five clear days’ notice that the appeals were to be considered).