Decision details

Home to School Transport Appeal

Decision Maker: Chief Executive Officer

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No


This matter contained exempt information of the description contained in Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006

The Chief Executive Officer considered four appeals against the Authority’s decision not to provide assistance with home to school transport for tone Post 16 student and three appeals for secondary school transport. The Post 16 appeal was UPHELD and for the three remaining secondary school appeals, one was deferred to the next meeting and the remaining two appeals were NOT UPHELD. For all of the appeals the reasons are set out below in this decision record.

By whom: Richard Flinton, Chief Executive Officer, under emergency delegated powers and after consultation with the Members of the Appeals Committee (Home to School Transport)

PLEASE NOTE that as a non-executive function, these decisions are not open to call in.

Reasons for the decision:

Under his delegated decision making powers in the Officers’ Delegation Scheme in the Council’s Constitution, the Chief Executive Officer has power, in cases of emergency, to take any decision which could be taken by the Council, the Executive or a committee.

Following on from the expiry of the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 (“the 2020 Regulations”), which allowed for committee meetings to be held remotely, the County Council resolved at its meeting on 5 May 2021 that, for the present time, in light of the continuing Covid-19 pandemic circumstances, remote live-broadcast committee meetings should continue as informal meetings of the committee members, with any formal decisions required being taken by the Chief Executive Officer under his emergency decision making powers and after consultation with other Officers and Members as appropriate and after taking into account any views of the relevant Committee Members. This approach will be reviewed by full Council at its November meeting.

The Chief Executive Officer has taken all relevant information into account in exercising his emergency delegated powers in this matter, including considering the views of the Appeals Committee (Home to School Transport) Members expressed during their informal meeting on 18 October 2021.

The reasons for the decisions on these appeals are:

That the relevant Authority’s Home to School Transport Policy had been applied correctly in the three appeal cases considered.

For the upheld Post 16 appeal, there were sufficient exceptional circumstances to warrant a departure from the Policy.

For the two not upheld secondary school appeals, that there were not sufficient exceptional circumstances in each case to warrant a departure from the Policy.

One appeal was deferred to the next meeting on 8th November 2021.

Alternative options considered:


Publication date: 26/10/2021

Date of decision: 26/10/2021