Report of Executive Director (Children and Public Health)

The Cabinet considered a report of Executive Director for Children and Public Health proposing amendments to the existing Education Transport Policy to align it with both existing practice and Department for Education statutory guidance.

Resolved:-

1. That the proposed Home to School Transport policy wording (Appendix 1, to the submitted report), in order that the Local Authority are fulfilling their statutory duties to make such travel arrangements as they consider necessary to facilitate attendance at school for eligible children, be approved.

2. That the proposed Home to School Transport Appeals Process Flowchart (Appendix 2 to the report), such that the Local Authority’s process is aligned with the Department for Education recommended model, be approved.

Reason for Decision

1. By incorporating the practice of providing travel assistance to children in to policy, the Local Authority are embedding the current practice in to policy. By not doing so, it leaves the Local Authority open to challenge as to the legality of their Education Transport Policy.

2. By adopting the proposed appeals process, the Local Authority will be compliant with Department for Education statutory guidance, specifically with regard to appellants having the option to appear in person at the Stage Two appeal.

Other Options

To continue the practice of regarding children receiving high rate DLA or enhanced rate PIP for mobility as being unable to walk to school without incorporating it in to policy. Alternatively, the Local Authority can use a different means of identifying such children – for example, by conducting (or commissioning the conducting of) individual assessments for each child at the time of application for travel assistance.

To continue with the current process of considering appeals for travel assistance, without adopting the format recommended by the Department for Education. Alternatively, a fresh process could be produced and implemented, again without adopting the recommended DfE format.

Note: This is an Executive Function

Eligible for call-in to: People Scrutiny Committee

Cabinet Member: Cllr Jones

The Cabinet considered a report of Executive Director for Children and Public Health proposing amendments to the existing Education Transport Policy to align it with both existing practice and Department for Education statutory guidance.

Resolved:-

1. That the proposed Home to School Transport policy wording (Appendix 1, to the submitted report), in order that the Local Authority are fulfilling their statutory duties to make such travel arrangements as they consider necessary to facilitate attendance at school for eligible children, be approved.

2. That the proposed Home to School Transport Appeals Process Flowchart (Appendix 2 to the report), such that the Local Authority’s process is aligned with the Department for Education recommended model, be approved.

Reason for Decision

1. By incorporating the practice of providing travel assistance to children in to policy, the Local Authority are embedding the current practice in to policy. By not doing so, it leaves the Local Authority open to challenge as to the legality of their Education Transport Policy.

2. By adopting the proposed appeals process, the Local Authority will be compliant with Department for Education statutory guidance, specifically with regard to appellants having the option to appear in person at the Stage Two appeal.

Other Options

To continue the practice of regarding children receiving high rate DLA or enhanced rate PIP for mobility as being unable to walk to school without incorporating it in to policy. Alternatively, the Local Authority can use a different means of identifying such children – for example, by conducting (or commissioning the conducting of) individual assessments for each child at the time of application for travel assistance.

To continue with the current process of considering appeals for travel assistance, without adopting the format recommended by the Department for Education. Alternatively, a fresh process could be produced and implemented, again without adopting the recommended DfE format.

Note: This is an Executive Function

Eligible for call-in to: People Scrutiny Committee

Cabinet Member: Cllr Jones