Agenda and minutes

Appeals Committee
Tuesday, 17th November, 2020 9.30 am

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

Media

Items
No. Item

37.

Apologies

To receive any apologies for absence from Members.

Minutes:

Apologies had been received from Councillors Hedges and Hilliard.

38.

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:

There were no substitute members on this occasion.

39.

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.

40.

Confirmation of Minutes pdf icon PDF 173 KB

To confirm and sign as a correct record the minutes of the Meeting held on 20 October 2020.

Minutes:

The minutes of the meeting held on 20 October 2020, were agreed as true and correct record.

41.

Administrative Arrangements for Appeals Committee Hearings pdf icon PDF 148 KB

In September 2019 the Committee made an informal agreement to operate with a flexible membership rota administered by Democratic Services based on availability, providing for no less than three members and no more than five members to sit at each hearing.

Now that appeal hearings are being held virtually and in view of the anticipated increase in school transport appeals, the Committee is asked to review these arrangements and amend as required.

Minutes:

The Democratic Services Officer presented a 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 September 2019 the Committee made an informal agreement to operate with a flexible membership rota administered by Democratic Services based on availability, providing for no less than three members and no more than five members to sit at each hearing.

Now that appeal hearings are being held virtually and in view of the anticipated increase in school transport appeals, the Committee is asked to review these arrangements and amend as required.

It was RESOLVED that the Committee:

a)    retain a start time of 10.00am and limit the number of school transport appeals with parents attending to no more than two per morning and two per afternoon;

b)   Operate with timings used to date: Allow a total of 1 hour and 15 minutes for each appeal with parents attending – this includes introductions/housekeeping, the hearing itself and decision making. Decision can be made after each appeal or at the end of each session; and

c)    Establish a rota of four members (or three, plus a reserve) for each morning and afternoon session taken from the pool of seven Committee members, to include the Chairman or Vice Chairman at each session. This will enable a different membership to be set for each session, to accommodate those members unable to attend all day.

Voting: unanimous

42.

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:- The Committee exclude the Press and Public for item 5 of the Agenda under Section 100(A)(4) of the Local Government Act 1972 on the grounds of the likely disclosure of exempt information, as defined in Paragraphs 1 and 2 in Part I of Schedule 12A of the Act, as the public interest in withholding the information outweighs such interest in disclosing the information.

Councillor Miles left the meeting after the conclusion of this item.

43.

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 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 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 Report at 7, not be upheld. The Committee agreed that the Home to School Transport Policy had been applied correctly and there were on this occasion.

Voting: unanimous

44.

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 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 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 a bus pass until the end of this current academic year 2020/21.

Voting: unanimous

 

45.

13:00 School Transport Appeal

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

 

Minutes:

The parent, has requested a postponement of this appeal, until 1 December meeting, to allow a translator to be invited. 

RESOLVED this appeal is postponed.

Voting Nem.Con

46.

14:15 School Transport Appeal

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

 

Minutes:

The parent, has requested a postponement of this appeal, until 1 December meeting, to allow a translator to be invited. 

RESOLVED this appeal is postponed.

Voting: unanimous