All applications for travel support are considered in line with the policy criteria.
Where applications do not fulfil the policy conditions set out above, consideration will be given to the individual’s circumstances.
However, students, parents/carers have a right to appeal.
Bath and North East Somerset Appeal Process
All appeals will be considered on an individual basis in line with this criterion. To submit an appeal the applicant should put in writing the reason for the appeal together with any supporting evidence e.g. medical report to:
>Bath & North East Somerset Council
People and Communities, SSEN Service (Post 16 Transport), Lewis House, Manvers Street, Bath, BA1 1JQ
Email: SENDSchool_TravelTeam@bathnes.gov.uk
The appeals process has two stages:
Stage 1 – Appeal to the SEND Manager
The young person has a right to appeal and can be supported by parents/carers. They have 20 working days from the receipt of our decision to make a written request for a review of the decision. This first stage involves the SEND Team Manager responsible for SEN school transport examining your evidence to see if our policy has been applied properly and fairly. If they find that it has not been and that you are entitled, then transport will be provided. If they find that our policy has been applied properly and fairly, then your Stage 1 appeal will be rejected, and they will respond within 20 working days explaining why this decision has been made.
Stage 2 – Appeal to a senior officer panel
If you are unsuccessful at Stage 1 and you feel that you are entitled due to your circumstances, then you can escalate your appeal to Stage 2. You have 20 working days from receipt of our Stage 1 response to submit a request for a Stage 2 appeal. This request will be referred to a senior officer panel (consisting of a senior officer from both the Transport service and the Education service) who will set up an appeal hearing within 40 working days.
We aim to ensure that the appeal process is conducted in a transparent and fair manner and that the young person feels they have been able to put their case and have been listened to.
Approximately 10 working days before the hearing, the young person will be sent an invitation to attend the hearing. They will be asked to send information and evidence in support of their appeal.
All papers will be treated as confidential and hearings will be held in private. If the young person or their representative is unable to attend, the case will be heard in their absence.
After the hearing the Panel will make their decision. They will consider the information and evidence submitted, both beforehand and at the hearing. They will consider whether providing transport for the young person in question would be an effective and efficient use of Council resources or whether this consideration is outweighed by the appeal made by the young person.
The Panel make their decision on the evidence and circumstances presented and concerning the individual young person in question.
The Panel’s decision is final and binding on both parties for the academic year in which the appeal is brought. The Panel’s decision and their reasons will be contained in a letter sent to both parties within five working days of the hearing. Further appeals may only be made in subsequent years if there is a substantial change in circumstances to consider.
At both stages of the process there is a right of complaint to the Local Government Ombudsman but only if the complainants consider that there was a failure to comply with the procedural rules or if there are any other irregularities in the way the appeal was handled. If the complainant considers the decision was flawed on public law grounds, the complainant may apply for judicial review.
Bristol Appeal Process
All appeals will be considered on an individual basis in line with this criterion. To submit an appeal the applicant should put in writing the reason for the appeal together with any supporting evidence e.g. medical report to:
Bristol City Council
Home to School Travel Team, Floor 2, 100 Temple Street, Bristol, BS3 9FS
Email: home.school.travel@bristol.gov.uk