Agenda and draft minutes

Appeals Committee - Tuesday, 30th January, 2024 10.00 am

Venue: HMS Phoebe, BCP Civic Centre, Bournemouth BH2 6DY. View directions

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

Items
No. Item

66.

Apologies

To receive any apologies for absence from Members.

Minutes:

There were no apologies for absence.

67.

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.

68.

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:

The were no declarations of interest

69.

Confirmation of Minutes pdf icon PDF 177 KB

To confirm and sign as correct records, the minutes of the meetings held on 15 November and 11 December 2023. 

Additional documents:

Minutes:

The minutes of the meetings held on 15 November and 11 December 2023 were agreed as a correct record and signed by the Chair.

70.

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.

71.

Home to School Transport Appeal - Case 1

To seek a decision on whether school transport assistance should be provided for the appellant named in the report outside of usual policy.

 

Note: This appeal was deferred by the Committee at its meeting held on 1 November 2023 and at subsequent meetings. The original papers and additional information received to date are included with this agenda for ease of reference.

Minutes:

This item was restricted by virtue of paragraphs 1 and 2 of Schedule 12A of the Local Government Act 1972.

 

Exempt information – Categories 1 (information relating to any individual) and 2 (information which is likely to reveal the identity of an individual).

 

Present:

Rebekah Rhodes – Clerk

Carly Williams – Admissions and Transport

The appellant was also present virtually

 

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.

 

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 refused. The Committee found that the home to school transport policy had been applied correctly but did not find that there were exceptional circumstances to depart from the home to school transport policy on this occasion.

 

Note – Councillor Le Poidevin did not take part in or vote on this application.

 

72.

Home to School Transport Appeal - Case 2

To seek a decision on whether school transport assistance should be provided for the appellants named in the report outside of usual policy.

 

Minutes:

This item was restricted by virtue of paragraphs 1 and 2 of Schedule 12A of the Local Government Act 1972.

 

Exempt information – Categories 1 (information relating to any individual) and 2 (information which is likely to reveal the identity of an individual).

 

Present:

Rebekah Rhodes – Clerk

Carly Williams – Admissions and Transport

The appellant was not present.

 

The Committee considered 4 appeals for the same family 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 appeals, 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. The appellant chose not to attend the appeal.

 

RESOLVED that, having taken careful note of all the evidence presented by all parties, the appeals in respect of the appellants named in the report be refused. The Committee found that the home to school transport policy had been applied correctly in each case but did not find that there were exceptional circumstances in each case to depart from the home to school transport policy on this occasion.