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

Decision:

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 three appeals against the Authority’s decision not to provide home to school transport for three secondary school students and agreed that the appeals be NOT UPHELD (item 5) and UPHELD (item 6) for the reasons 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 September 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 9 August 2021.
The reasons for the decisions on these appeals are:
Item 5 - that the relevant Authority’s Home to School Transport Policy had been applied correctly in this case and that there were not sufficient exceptional circumstances in this case to warrant a departure from the Policy.
Item 6 – that although the relevant Authority’s Home to School Transport Policy had been applied correctly, the exceptional individual circumstances of these two cases were sufficient to warrant a departure from this Policy and justify the provision of free home to school transport.

Alternative options considered:

None.

Publication date: 16/08/2021

Date of decision: 16/08/2021