Agenda item

To consider a report by the Education Resources and Planning Manager (copy enclosed) which seeks the Committee to discuss potential steps for the Council to consider in relation to the non-statutory transport which it presently provides 

10.05am – 10.45am

The Lead Member for Education, Children and Young People introduced the Education and Resources Manager’s report and appendices (previously circulated) which provided details of the non-statutory elements within Denbighshire County Council’s Learner Transport Policy 2018.

During his introduction the Lead Member explained that the county’s current Learner Transport Policy came into effect in September 2018, following a consultation exercise with all stakeholders the previous year.  The policy represented how the Council discharged its duties under the Learner Travel (Wales) Measure 2008.  Whilst reviewing the policy in 2017 a number of anomalies had come to light i.e. hazardous routes, feeder schools and the importance of their relationships with the secondary schools to whom they were affiliated etc.  These anomalies were rectified in the revised policy.  This policy review along with changes in policy relating to transport provision for pupils attending special schools and transport providers passing on inflationary costs had resulted in the cost of school transport in the county during 2018/19 increasing by approximately £350K.  Such an increase would be unsustainable in the long-term.  The Lead Member confirmed that the school transport budget was held by the Highways and Environment Service, but it was the Education Service who determined a pupil’s eligibility to receive free transport.  Whilst this may seem strange, it worked well as Education officers were familiar with the relevant pieces of legislation which governed educational and learner transport eligibility, but the expertise in tendering and procuring transport and knowledge of public transport availability was located in the transport team in the Highways and Environment Service. 

Members were advised by the Lead Member that the provision of transport for pupils to access non-statutory elements of education was an extremely contentious issue, which had resulted in a number of local authorities who had proposed or even explored the potential of withdrawing free transport or levying a charge for transport i.e. to faith based or Welsh medium provision, being subject to adverse press/media coverage and even legal challenge.    Whilst withdrawing or levying a charge for the provision of transport to enable pupils to access non-statutory education had the potential to realise some substantial savings for the Council, it would be important that the impact of any change on the education of the county’s pupils and supporting them to gain the knowledge and skills required by employers was assessed.  This was particularly important in relation to post-16 education.  The Council currently spent circa £1m annually on transporting students to post-16 education provision. 

Responding to members questions the Lead Member for Education, Children and Young People; the Lead Member Finance, Performance and Strategic Assets; and the Head of Education and Children’s Services:

·         confirmed that the Authority had a legislative duty to comply with the Learner Travel (Wales) Measure alongside other legislative requirements relating to the provision of education

·         advised that any proposal to withdraw free transport to non-statutory education provision would most likely attract negative media coverage.  The least contentious element would most probably be transport for post 16 students.  Nevertheless, this was not without its risks, particularly on pupils’ future career opportunities and the wider economy;

·         advised that learner transport in Denbighshire currently cost the Authority approximately £2.5m per year in total.  Costs varied from county to county, with larger geographical areas spending a far higher amount on learner transport;

·         illustrated the complexities involved with free learner transport determinations e.g. some pupils may well qualify under a number of different categories i.e. Welsh Medium, faith, Special Educational Needs (SEN), hazardous routes etc. whilst others may not qualify at all;

·         confirmed that whilst £600K had been added to the learner transport budget two years ago to help ease the pressures on it, this was still insufficient as the budget was continually overspent.  This was a recurring problem;

·         explained that it was anticipated that further changes to SEN legislation would place increased pressure on the Learner Transport budget, whilst fluctuating fuel prices and increasing maintenance costs, all of which were outside of the Authority’s control  also put additional pressure on the budget.  In addition the Welsh Government (WG) had cut its budget to the Council for school transport provision; and

·         confirmed that a good working relationship existed between Education Service staff and those who worked for the Council’s Transport Department.  Whilst it may seem unusual that the learner transport budget was administered and managed by the Transport Department (within the Environment and Highways Service) there was a valid reason for this approach.  This being that transport management expertise and intelligence in relation to co-ordinating all modes of transport lay within the Transport Service.  Education Service officers determined the eligibility of a pupil/student for free school transport, once eligibility had been determined the Transport Service then commissioned and co-ordinated the availability of transport for the individual pupil.  This approach worked effectively for all concerned;

Members acknowledged the complexities associated with learner transport and education related legislation. They were firmly of the view that, in order to facilitate a thorough review of the non-statutory elements of the Council’s Learner Transport Policy, it would be beneficial to establish a working group of members and officers from both the Education and Transport Services to look at all aspects of transport to non-statutory education provision.  This group would be able research the approach taken by other local authorities along with the risks and potential impacts associated with withdrawing any element of free transport to non-statutory provision in the future.  Lead Member and officers concurred with this approach.  They felt that this would provide greater clarity in relation to transport to statutory and non-statutory education provision which would help everyone’s understanding of what the Council was providing and the reasons why it was provided.  Committee members emphasised the need for the Working Group when undertaking its work to have regard to the rural nature of the county and ensure that no child/student was disadvantaged because of where they lived.  The Working Group should also explore the costs of retaining the various elements of learner transport to non-statutory education provision as well as identify potential means for funding the service.  As part of its work the Group could determine whether it wanted examine how other local authorities dealt with and funded the provision of learner transport to non-statutory education provision and their effectiveness, potential methods to be utilised to undertake its review i.e. consultations, surveys etc., and approaches towards encouraging students into further education etc.

Following an in-depth discussion the Committee:

Resolved: - having considered the report and with regard to the above observations:

(a)   to establish a Working Group comprising of five Committee members and one education co-opted member, supported by officers from the Council’s Education Service and Transport Department to examine Denbighshire’s Learner Transport Policy in respect of providing transport to non-statutory education provision.  The Working Group to specifically focus its work on:

(i)   providing clarity and an improved understanding of the Council’s annual learner transport budget and the cost of transporting pupils/students to statutory and non-statutory, discretionary and non-discretionary education, including an enhanced knowledge of education and learner transport legislation and their impact on the budget;

(ii) assessing the potential impact of withdrawing the provision of free learner transport for pupils/students who access the various non-statutory or discretionary educational elements currently offered, including any risks to the wider education provision in the area and to the skills base required in local economy; and 

(iii)  ensuring that every pupil/student in the county has fair and equitable access to education provision and is not discriminated against in any way.

(b)   to seek expressions of interest from Committee members and co-otped members to serve on the working group and that its draft terms of reference be shared with the Committee in due course; and

(c)    that the working group report its findings and recommendations to the Committee upon the conclusion of its work