Agenda and minutes

Appeals Committee - Tuesday, 25th April, 2023 10.00 am

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

Contact: Claire Johnston  Email: democratic.services@bcpcouncil.gov.uk

Media

Items
No. Item

74.

Apologies

To receive any apologies for absence from Members.

Minutes:

There were no apologies for this meeting.

75.

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

76.

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:

None

77.

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.

 

Voting: Unanimous

78.

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 bus pass from home to school 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. All parties agreed that Case 1 and Case 2 be heard concurrently as the appellants were siblings. The Committee made a decision for each case.

 

The Chair made introductions and explained the procedure for the hearing which was agreed by all parties. Each party presented their case to the committee. The Committee asked various questions to the parties present and was grateful for the responses received. Each party had the opportunity to ask questions and were invited to sum up before the Committee retired to make its decision.

 

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 refused. 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

 

79.

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.

 

The Committee considered an appeal against the refusal to provide home to school transport assistance in the form of a bus pass from home to school 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. All parties agreed that Case 1 and Case 2 be heard concurrently as the appellants were siblings. The Committee made a decision for each case.

 

The Chair made introductions and explained the procedure for the hearing which was agreed by all parties. Each party presented their case to the committee. The Committee asked various questions to the parties present and was grateful for the responses received. Each party had the opportunity to ask questions and were invited to sum up before the Committee retired to make its decision.

 

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 refused. 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