Agenda and minutes

Appeals Committee - Thursday, 29th February, 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

1.

Apologies

To receive any apologies for absence from Members.

Minutes:

There were no apologies for absence.

2.

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.

3.

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 of interest.

4.

Confirmation of Minutes pdf icon PDF 272 KB

To confirm and sign as a correct record the minutes of the meeting held on 30 January 2024.

Minutes:

The minutes of the meeting held on 30 January 2024 were agreed as an accurate record for the Chair to sign.

5.

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 Press and Public be excluded for the remaining items of business on 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.

6.

School Transport Appeal - Case One

To seek a decision on whether or not transport should be provided for the appellant 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:

Sinead O’Callaghan – Clerk, Democratic Services

Michelle Cutler – Democratic Services Support

Carly Williams – Admissions and Transport

A representative of the appellant was present virtually

 

The Committee considered an appeal against the refusal to provide home to school transport assistance in the form of 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 ‘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 consideration of the appeal in respect of the child named in the report be deferred until the Committee meeting on (time of appeal to be confirmed) for the reasons set out in the Committee’s letter to the appellant dated 6 March 2024.

7.

School Transport Appeal - Case Two

To seek a decision on whether or not transport assistance in the form of a taxi should be provided for the appellant 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:

Sinead O’Callaghan – Clerk, Democratic Services

Michelle Cutler  – Democratic Services Support

Carly Williams – Admissions and Transport

The appellant was not present.

 

The Committee considered an appeal against the refusal to provide home to school transport assistance in the form of 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 ‘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 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.