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 five appeals against the Authority’s decision not to provide secondary school home to school transport. One appeal was UPHELD (for a limited time period) and the four remaining secondary school 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.
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 8 November 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 five appeal cases considered.
For the upheld secondary school appeal, there were sufficient exceptional circumstances to warrant a departure from the Policy. The Committee agreed that taxi transport should be given up to the February 2022 half term. The Committee also recommended that transport training be offered if possible following the Christmas school break.
For the four not upheld secondary school appeals, that there were not sufficient exceptional circumstances in each case to warrant a departure from the Policy.
Publication date: 10/11/2021
Date of decision: 09/11/2021