Agenda and draft minutes

Appeals Committee
Wednesday, 7th October, 2020 10.00 am

Venue: Skype Meeting

Contact: Democratic Services  Email: democratic.services@bcpcouncil.gov.uk

Media

Items
No. Item

15.

Apologies

To receive any apologies for absence from Members.

Minutes:

Apologies have been received from Councillor Filer.

16.

Substitute Members

To receive information on any changes in the membership of the Committee.

 

Note – When a member of a Committee is unable to attend a meeting of a Committee or Sub-Committee, the relevant Political Group Leader (or their nominated representative) may, by notice to the Monitoring Officer (or their nominated representative) prior to the meeting, appoint a substitute member from within the same Political Group. The contact details on the front of this agenda should be used for notifications.

 

Minutes:

Councillor Miles and Councillor Farquhar attended as the reserve members. 

17.

Declarations of Interests

Councillors are requested to declare any interests on items included in this agenda. Please refer to the workflow on the preceding page for guidance.

Declarations received will be reported at the meeting.

Minutes:

There were no declarations received on this occasion.

18.

Confirmation of Minutes pdf icon PDF 261 KB

To confirm and sign as a correct record the minutes of the Meeting held on 25 August 2020.

Minutes:

The minutes of the meeting held on 25 August 2020 were agreed as a true and accurate record.

19.

Exclusion of the Press and Public

In relation to the items of business appearing below, the Committee is asked to consider the following resolution: -

‘That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1 and 2 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighs such interest in disclosing the information.’

Minutes:

RESOLVED that under Section 100 (A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1 and 2 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighs such interest in disclosing the information.

20.

10:00 School Transport Appeal

To consider an appeal against the refusal of Home to School Transport assistance.

Minutes:

Exempt report – as defined in Paragraphs 1 and 2 in Part I of Schedule 12A of the Local Government Act 1972. 

The Committee considered an appeal against the refusal to provide home to school transport assistance in the form of a bus pass, as detailed in the report, a copy of which had been circulated to each Member and a copy of which appears as Appendix A to these minutes in the Minute Book.

In considering the appeal, the Committee had regard to all the supporting information provided by the Local Authority and the appellant, including the verbal submissions made by the Local Authority and the appellant at the meeting.

DECISION MADE:

That, having taken careful note of all the evidence presented by all parties, the appeal in respect of the appellant named in the report be upheld. The Committee found that the home to school transport policy had been applied correctly but agreed that there were exceptional circumstances to depart from the home to school transport policy on this occasion. The assistance was granted in the form of a bus pass until the end of this current academic year 2020/21.

Voting: unanimous

 

21.

11:15 School Transport Appeal

To consider an appeal against the refusal of Home to School Transport assistance.

 

Minutes:

Exempt report – as defined in Paragraphs 1 and 2 in Part I of Schedule 12A of the Local Government Act 1972.

The Committee considered an appeal against the refusal to provide home to school transport assistance in the form of train fare, as detailed in the report, a copy of which had been circulated to each Member and a copy of which appears as Appendix B to these minutes in the Minute Book.

In considering the appeal, the Committee had regard to all the supporting information provided by the Local Authority and the appellant, including the verbal submissions made by the Local Authority and the appellant at the meeting.

DECISION MADE:

That, having taken careful note of all the evidence presented by all parties, the appeal in respect of the appellant named in the report be upheld. The Committee found that the home to school transport policy had been applied correctly but agreed that there were exceptional circumstances to depart from the home to school transport policy on this occasion. The assistance was granted in the form of financial assistance in transporting the child to and from school, which was currently by train, for the remainder of this academic year, 2020/21.

Voting: 3-0 (2 abstentions)

 

22.

13:00 School Transport Appeal

To consider an appeal against the refusal of Home to School Transport assistance.

 

Minutes:

Exempt report – as defined in Paragraphs 1 and 2 in Part I of Schedule 12A of the Local Government Act 1972. 

The Committee considered an appeal against the refusal to provide home to school transport assistance in the form of taxi provision to and from school and a bus pass for adult only journeys, as detailed in the report, a copy of which had been circulated to each Member and a copy of which appears as Appendix C to these minutes in the Minute Book.

In considering the appeal, the Committee had regard to all the supporting information provided by the Local Authority and the appellant, including the verbal submissions made by the Local Authority and the appellant at the meeting.

DECISION MADE:

That, having taken careful note of all the evidence presented by all parties, the appeal in respect of the appellant named in the report be upheld. The Committee found that the home to school transport policy had been applied correctly but agreed that there were exceptional circumstances to depart from the home to school transport policy on this occasion. The assistance was granted in the form of taxi provision to and from school and a bus pass for adult only journeys, for the remainder of this academic year, 2020/21.

Voting: unanimous

 

23.

14:15 School Transport Appeal

To consider an appeal against the refusal of Home to School Transport assistance.

 

Minutes:

Exempt report – as defined in Paragraphs 1 and 2 in Part I of Schedule 12A of the Local Government Act 1972.

The Committee considered an appeal to change the provision of home to school transport assistance from a bus pass to a taxi, as detailed in the report, a copy of which had been circulated to each Member and a copy of which appears as Appendix D to these minutes in the Minute Book.

In considering the appeal, the Committee had regard to all the supporting information provided by the Local Authority and the appellant, including the verbal submissions made by the Local Authority and the appellant at the meeting.

DECISION MADE:

That, having taken careful note of all the evidence presented by all parties, the appeal in respect of the appellant named in the report be upheld. The Committee found that the home to school transport policy had been applied correctly but agreed that there were exceptional circumstances to depart from the home to school transport policy on this occasion. The change to the provision of home to school transport assistance was granted, from a bus pass to a taxi, until the end of the current academic term (December 2020), before the end of which period the situation would be reviewed.

Voting: unanimous