Agenda and minutes

To provide an opportunity for Members and Officers to declare any personal or prejudicial interests which they have in any item of business on the agenda.

Melissa Andrews, Clerk to the Appeals Committee, declared a potential professional interest in respect of Cases 1 and 3, on the basis that she had clerked the Schools Admissions Appeal which each of the appellants had recently attended.

No Member made any declaration of interest in any item on the agenda.

In accordance with Procedure Rules Nos. 11 and 35, a total period of 10 minutes is allocated for members of the public to address the Committee on any matter relevant to its work.

Individual members of the public may speak for up to 5 minutes, but the Chairman will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers.

Note:  In order for Officers to undertake any background research, it would be helpful if questions were submitted at least one working day before the meeting.

In accordance with Procedure Rules Nos. 11 and 35, a total period of 10 minutes was allocated for members of the public to address the Committee on any matter relevant to its work.

There were no members of the public present and the Committee, therefore, proceeded to its next business.

To approve as a correct record, the Minutes of the Meeting held on 27^th August 2009.

RESOLVED: 

That the minutes of the meeting held on 27^th August 2009 be approved as a correct record and signed by the Chairman, subject to the following amendment –

Minute No. 6 (Declarations of Interest) – second line -

            Delete             “Ward……”

            Insert               “County….”

The reports relating to the remaining items on the agenda have been withheld from public circulation and deposit pursuant to Section 100(B)(2) of the Local Government Act 1972 on the grounds that the matters may be determined with the press and public excluded.

The Committee may decide that the press and public be excluded from the meeting during consideration of the following items pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972 and public interest would not be served in publishing the information.

RESOLVED: 

That the press and public be excluded from the meeting during consideration of the following item, pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that it involved the likely disclosure of exempts information as defined in Paragraphs 1, 2 and 3 of part 1 of Schedule 12a of the Local Government Act 1972, and the public interest would not be served in publishing this information.

To determine appeals against the decision of the Council not to offer assisted school transport.

A copy of the Under-16 School Transport Policy is enclosed and applies in respect of Cases 1, 3 and 4.  A copy of the Post-16 School Transport Policy is enclosed and applies in respect of Case 2.

Cases have been scheduled as follows –

The Committee considered four appeals against the decision of the Integrated Transport Service not to allow assisted school transport, in accordance with the Council’s Transport Policy.

The appellant in Case 4 was not present, and the appeal was, therefore, heard in the absence of the appellant.The Presenting Officer presented the Local Authority’s case and the Committee considered the appellant’s written evidence only, together with additional written evidence tabled at the meeting.

In each case, the appellant(s) and Presenting Officer, together with the Admissions and Appeals Officer, were in attendance throughout consideration of the appeal. After each appeal, the appellant(s), Presenting Officer and Admissions and Appeals Officer withdrew from the meeting, following which the Committee reached its decision.

The Committee carefully considered the evidence presented to it both orally and in writing.

RESOLVED:

That

(Note: Councillor M A Martin joined the meeting after Case 1 had been considered.)

Members of the Committee discussed whether the procedure currently operated was appropriate in view of administrative difficulties encountered at previous meetings. Following discussion, it was -

RESOLVED

That, on an experimental basis, the following procedure be adopted, and reviewed in due course, in the light of experience –

·          The Chairman to welcome all to the meeting and make introductions.

·          The appellant will outline his/her case.

·          The Local Authority Presenting Officer will outline the Authority’s case.

·          The Committee will ask questions of the appellant.

·          The Committee will ask questions of the Presenting Officer for the Authority.

·          The Chairman will invite each side to sum up.

·          The Local Authority Presenting Officer and the appellant(s) will then withdraw from the meeting, following which the Committee will reach its decision.