Home to school transport appeal procedure

Home to School Transport Review and Appeals of Decisions - Procedure

Where an application has been made for free home to school transport under the provisions set out in the Council’s Policies and that application is refused, in whole or part, applicants have the right to have their case reviewed. There is a two stage home to school transport review and appeals process for parents who wish to challenge a transport decision about:

• Their child’s eligibility;
• The transport arrangements offered by the local authority;
• The distance measurement;
• The safety of the route used to calculate eligibility.

Stage One: Review by a Senior Officer

Once a decision has been made to refuse Home to School Transport, a parent or carer will receive a letter informing them that they have 20 working days from receipt of the local authority’s home to school transport decision, to make a written request asking for a review of that decision.

The written request should detail why the parent or carer believes the decision should be reviewed and give details of any personal or family circumstances the parent believes should be considered when the decision is reviewed.

Within 20 working days of receipt of the parent’s written request, a senior officer will review the original decision and send the parent a detailed written outcome setting out:

• The nature of the decision reached;
• What factors were considered;
• How the review was conducted
• Information about other departments or agencies if they were consulted as part of the process;
• The rationale for the decision reached;
• Information regarding further escalation of the appeals process to stage two.

Stage Two: Review by an Independent Appeal Panel

The parent or carer has 20 working days from receipt of the Council’s stage one decision to make a written request to escalate the matter to stage two. New or additional information not already reviewed in Stage One is required in order to escalate an appeal to Stage Two. An appeals panel will meet and consider the individual circumstances and the evidence supplied. Parents will be given the opportunity to attend the appeal hearing, virtually or in person, to present their case.

Where a parent does not wish or is unable to attend a hearing, the panel should make its decision based on the parent’s written representation.

Within 40 working days of receipt of the parents request an independent appeal panel will consider the application for Stage Two Review and provide a written notification of the outcome setting out:

• The nature of the decision reached;
• What factors were considered;
• How the review was conducted
• Information about other departments or agencies if they were consulted as part of the process;
• The rationale for the decision reached.

Where an appeal is unsuccessful at stage two, appellants will be notified that they have the right of complaint to the Local Government Ombudsman.