Agenda and draft minutes

Appeals Committee - Wednesday, 2nd November, 2022 10.00 am

Venue: Committee Room, First Floor, BCP Civic Centre Annex, St Stephen's Rd, Bournemouth BH2 6LL. View directions

Contact: Nicky Hooley  Email: democratic.services@bcpcouncil.gov.uk

Items
No. Item

38.

Apologies

To receive any apologies for absence from Members.

Minutes:

There had been no apologies for absence received.

39.

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. 

40.

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 on this occasion. 

41.

Confirmation of Minutes pdf icon PDF 177 KB

To confirm and sign as a correct record the minutes of the meetings held on 6 and 19 October 2022. 

Additional documents:

Minutes:

The minutes of the meetings held on 6 and 19 October 2022 were agreed as true and correct records.

Voting:

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 excluded the Press and Public for item 6 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.

43.

10:00 School Transport Appeal - Case 1

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 school administered fuel ware and tear, 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.

DECISION MADE:

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. 

RESOLVED 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 granted.

The Committee found that the home to school transport policy had been applied correctly and agreed that there were exceptional circumstances to depart from the home to school transport policy on this occasion.

Voting: unanimous

44.

10:45 School Transport Appeal - Case 2

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.

Councillor Hedges left the meeting before consideration of this item. 

The Committee considered an appeal against the refusal to provide home to school transport assistance in the form of a school administered fuel ware and tear, 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.

DECISION MADE:

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. 

RESOLVED 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 not granted.

The Committee found that the home to school transport policy had been applied correctly and agreed that there were no exceptional circumstances to depart from the home to school transport policy on this occasion.

Voting: unanimous

45.

11:45 School Transport Appeal - Case 3

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 school administered fuel ware and tear, 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.

DECISION MADE:

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. 

RESOLVED 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 not granted.

The Committee found that the home to school transport policy had been applied correctly and agreed that there were no exceptional circumstances to depart from the home to school transport policy on this occasion.

Voting: 3:2 (casting vote of the Chairman used).

46.

12:30 School Transport Appeal - Case 4

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 school administered fuel ware and tear, 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.

DECISION MADE:

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. 

RESOLVED 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 deferred until the next meeting.

Voting: unanimous