Agenda item

To consider the findings of a review of the impact of the implementation of the school transport policy and information on the forward planning for September’s transport arrangements.

The Head of Education introduced the report (previously circulated) for Members to consider the impact of the implementation of the new school transport policy for secondary school pupils, from September 2015.

 

The Head of Education clarified that at the Freedom & Flexibilities Workshop held in June 2014, elected Members gave approval to undertake a review of the existing School Transport Policy.  The process resulted in a revised Policy being implemented from September 2015. 

 

The purpose of the review had been to examine the following areas:

·       Ensuring 2-3 mile rule primary/secondary was adhered to

·       Faith/Language provision

·       Post 16 provision

·       Feasibility of central pick up points

·       Special Educational Needs (SEN) provision

·       Hazardous routes

 

The review also recognised financial pressures on the School Transport budget at that time, some of which were attributed to historic anomalies in the services provided, which the review sought to correct.

 

In applying the Policy, “pick-up points” were designated from which pupils who were entitled to free home to school transport would receive transport to their nearest “suitable school”. 

 

Following the application of the Policy, a number of complaints were received from parents/guardians, the majority of which related to the removal of home to school taxis or the introduction of “designated pick-up points” and the fact that it was the parent/guardian’s responsibility to arrange the pupil’s journey to the “pick-up point”. 

 

At the end of 2015, a Judicial Review challenge was instigated by a parent who contested that the Local Authority had a duty to transport their child from home to the pick-up point, as they were of the view that the route was a hazardous one.  On receiving legal advice from Counsel, the Council, in this particular instance, used its discretionary powers to provide a taxi service from the pupil’s home to the designated “pick-up point”. 

 

In response to legal advice received, the Council also clarified the Policy wording and in circumstances where discretion should be applied, re-examined a number of other cases. Where appropriate, feeder taxi services were reinstated which had previously been withdrawn.  Parents/guardians whose children’s feeder taxis had been withdrawn but who had not appealed or complained, who could potentially be living on a hazardous route, had now been contacted advising them to re-apply for free transport and to supply relevant evidence of the hazardous route. 

 

Following the Judicial Review challenge, guidance had now been issued to clarify the policy, and a copy had been attached to the report for Members’ information.  As a result of the judicial review, and the guidance issued, the Policy itself would require to be reviewed.  The Head of Education outlined the proposed timetable for the review process, as was detailed in paragraph 4.4.2 of the report.

 

Members enquired whether community schools in rural areas were still considered as “feeder schools” for certain secondary schools e.g. Ysgol Bro Fammau in Llanferres served the communities of Llanferres, Llanarmon yn Iâl and Graianrhyd and had in the past been a “feeder school” to Ysgol Brynhyfryd.  However, since the stringent application of the Home to School Transport Policy, Ysgol Brynhyfryd was no longer deemed as the “nearest appropriate school” for some of Ysgol Bro Fammau’s pupils as they were deemed to live within the catchment area of schools in Mold.  This problem impacted on rural areas more than on urban areas, and could potentially in the long-term affect the demography of rural areas.

 

Responding to Members’ questions, the Lead Member for Education, Head of Education and Head of Legal, HR & Democratic Services:

 

·       advised that Officers were currently examining the issue of “feeder schools” as part of the work in reviewing the Policy and whether Local Authority discretionary powers could be utilised in relation to them.  The Local Authority had a duty to transport pupils to the “nearest suitable school”, subject to language medium, faith considerations, and to meet safeguarding requirements and ensure their well-being.  The legislative requirements with respect to the provision of transport were laid out in the Learner Travel (Wales) Measure 2008.  However, it was for the Local Authority to determine which was the “nearest suitable school”

·       acknowledged that there had been an impact on some communities as the result of the Policy’s implementation.  Nevertheless, the Council had responded positively to challenges presented to it by the affected communities and following meetings with parents and affected parties, mutually agreeable resolutions had been found

·       the cost of education was a complex area.  In cases where Denbighshire pupils transferred to secondary education in a neighbouring authority the Welsh Government (WG) funding for their education would be paid directly by WG to that authority.  The same applied in the cases of pupils residing in neighbouring authorities that were educated in schools in Denbighshire

·       advised that if parents raised concerns with Officers regarding the effects on a child of not being able to attend the same school as his/her siblings, they would consider that as part of the application of discretion process.  Issues such as the emotional impact of being split up from siblings would form part of the Policy review process.  It was important that parents/guardians did officially challenge the policy’s implementation in order to ensure that all aspects of its implementation would feature in the forthcoming review

·       advised that whilst all challenges to the policy’s application would be considered in a fair manner, discretion could not be permitted in all cases

·       confirmed that data was available on the number of pupils from Denbighshire being educated in neighbouring authority schools as well as on those from neighbouring authorities educated in Denbighshire’s schools.  In response to a request it was agreed that data relating to this from September 2013 to date be sent to Members for information

·       confirmed that the review of the policy would examine what the Local Authority was duty bound by law to provide, the extent of its discretionary powers - to enable clear parameters to be set for the application of discretion in the future, and the potential for concessionary travel arrangements in the future.  As part of the review, consideration would be given to pupils’ direction of travel to receive their education within and across the county boundary and the reasons for their choices.  Exploring this aspect would help the Council to determine the long-term sustainability of discretionary and concessionary travel arrangements

·       advised that Denbighshire worked closely with its neighbouring local authorities on school admissions via the School Admissions Forum.  Whilst Denbighshire, Flintshire and Wrexham councils regularly attended the Forum’s meetings, Conwy Council did not engage fully with it

·       confirmed that the Council’s Passenger Transport Manager was in the process of arranging a meeting with Conwy County Borough Council to explore the feasibility of utilising a coach which carried pupils to a school in Abergele for the purpose of providing transport for pupils from Rhuddlan to Rhyl.

 

Officers were requested to involve parents in the policy review process at the earliest possible opportunity.  It was agreed that the review of the policy should be presented to each Member Area Group (MAG) to ensure that they could feed into the review.

 

The Chair advised that procedures relating to the risk assessment process for determining whether a route was hazardous would be subject of a Scrutiny discussion at the Committee meeting to be held in September 2016.

 

Having considered the information provided in the report and subject to the points raised at the meeting, the Committee:

 

RESOLVED:

·       to give approval for Officers to proceed with a review of the Home to School Eligibility Policy on the timescale detailed in the report

·       that the review should include issues raised by parents and Members following the implementation of the previous review of the policy, and

·       that at the conclusion of the review of the policy, a draft of the revised Home to School Transport Eligibility Policy be submitted to the Committee for consideration at its meeting in December 2016