URL: https://moderngov.rotherham.gov.uk/ieDecisionDetails.aspx?ID=2008

Decision Maker: Strategic Director of Regeneration and Environment

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose: Minor refresh of the Home to School Transport Policy to strengthen the Policy in relation to the use of front seats within vehicles.   The current Home to School Transport Policy states:   “The driver will not allow a child to transported travel in the front seat of a vehicle”.   The amendment will seek to allow front seat travel in specific circumstances following full risk assessment, parental consent and consultation with relevant internal departments including Children’s Services.  The Road Traffic Act 1988 states:   “Children 3 years and over, up to 135cm tall must sit in the rear and use an adult seat belt. Children aged 12 years or more, or over 135cm tall, may travel the front, but must wear the seat belt”.   If approved, a robust process will be established to deal with any individual requests for front seat travel.    

Content: Minor refresh of the Home to School Transport Policy to strengthen the Policy in relation to the use of front seats within vehicles.   The current Home to School Transport Policy states:   “The driver will not allow a child to transported travel in the front seat of a vehicle”.   The amendment will seek to allow front seat travel in specific circumstances following full risk assessment, parental consent and consultation with relevant internal departments including Children’s Services.  The Road Traffic Act 1988 states:   “Children 3 years and over, up to 135cm tall must sit in the rear and use an adult seat belt. Children aged 12 years or more, or over 135cm tall, may travel the front, but must wear the seat belt”.   If approved, a robust process will be established to deal with any individual requests for front seat travel.       ROTHERHAM METROPOLITAN BOROUGH COUNCIL   RECORD OF OFFICER EXECUTIVE DECISION   Date of Decision: 14th September 2025   Title: Update of the Home to School Transport Policy (includes Learners aged 16-19 years in further education and training and continuing learners with a learning difficulty and/or disability (LLDD) aged 19 years and over) Academic year 2025/2026.   Decision Maker: (Including Job Title) Andrew Bramidge, Strategic Director, Regeneration & Environment   Details of Specific Delegation   or   Delegation contained in the relevant Sub-Scheme of Delegation.   Sub Scheme of Delegation Strategic Director of Regeneration of Environment:   Page 33: ‘Execute the Council’s Home to School Policy and where appropriate grant or refuse supported transport provision. Flex the in-house home to school transport fleet and service function, and externally contracted resource, ensuring service demands are met’   Link: Sub Scheme of Delegation - Strategic Director of Regeneration and Environment.pdf Decision: The decision required is for the policy to be amended to reflect: ·       Update to wording around DBS requirements and expectations on Private Hire vehicle drivers and Hackney Carriage vehicle drivers under DBS ‘regulated activity’ considerations.   ·       Amendment to policy wording to allow for authorising passengers to travel in the front passenger seat of vehicles on home to school transport in exceptional circumstances. Exemption requests can only be authorised by the Travel Planning Escalations and Exemptions Panel and will be evidenced with risk assessments & safeguarding measures. Parent consent will also be required to be obtained if exemption to policy is granted.   ·       Amendment to wording on appropriate evidence required by the Council to determine when ‘Extended Rights’ considerations need to be applied to an application for a travel solution.     ·       Further clarification around a child/young person’s registered base to establish it must be their ‘main registered base’. Reasons for the Decision: DBS Checks - The Council needs to ensure full compliance with its legal and safeguarding obligations to undertake appropriate checks for the provision of services that are designated as ‘regulated activity with Children’. This is a legal responsibility and the Home to School Transport policy needs to specify the level and type of checks required for those employed or contracted to undertake work with children and/or vulnerable adults. The amendment to policy covers the additional requirement for Private Hire Vehicle drivers and Hackney Carriage Vehicle drivers.   Use of Front Passenger Seats on Home to School Transport Vehicles - The policy needs to be amended to be able to consider ‘exceptional circumstance’ requests to allow for the transportation of a child or vulnerable adult in the front passenger seat of a vehicle. The Council policy currently does not allow for any exceptional circumstances to be considered.   Current policy asks for evidence for Extended Rights considerations by requesting proof of a benefit that has now been phased out and replaced.   Some children and young people will have dual residence at school and therefore wording in policy needs to be changed to ascertain that it is their ‘main’ registered base which will be considered for reasons of determining eligibility for free home to school transport   Details of alternative options considered and rejected: Without the required amendments to policy, it will remain out of date, not fully inclusive or compliant with statutory legal obligations and safeguarding duties.   Conflicts of interest declared by any Cabinet Member consulted by the decision maker which relates to the decision: None Dispensations Granted: (If any) None Conflicts of interest declared by the Decision Maker if they sit as a Cabinet appointed representative to an outside body which relates to the decision: None Dispensations Granted: (If any) None Reports or parts of reports considered Required amendments to Policy are:   1.     Section 2.1.2. The following safeguarding standards also apply to the Home to School travel providers:    1.1  All drivers and passenger assistants engaged on Home to School transport (regulated activity) have an enhanced Disclosure and Barring Service (DBS) check, with an additional check of the children’s and adult’s barred list. Amendment to add: In addition, Private Hire Vehicle and Hackney Carriage vehicle drivers will be required to provide an Enhanced DBS certificate specifically relating to Home to School Transport contracts (regulated activity work), in addition to the DBS check undertaken by the Council’s Taxi Licensing Service.   1.2   Amend to read: The driver of a vehicle on home to school transport will NOT allow a child to travel in the front passenger seat of a vehicle, and to add unless there are exceptional and specific circumstances that have been risk assessed and approved by the Home to School Transport Service and parental consent has been obtained.                  2. Section 3 Travel solutions current content:         Transport assistance may be provided for eligible travellers through the following travel solutions:   Ø  A Zoom Zero Travel Pass (available for mainstream travel and as a travel solution for children and young people with SEND) Ø  Amend: A Zoom Zero Travel Pass which entitles the child/young person to free bus travel between the nearest bus stop to their home address and their (registered) school base       3.      Section 4.7 Exceptions current content: Ø  Some children/young people may be registered at more than one school. Where they are registered at two qualifying schools (which are not Pupil Referral Units), if eligible, transport assistance may be provided to whichever of the schools the child/young person is attending on any school day. Ø  Amend: Some children/young people may be registered at more than one school. Where they are registered at two qualifying schools (which are not Pupil Referral Units), and one of the schools is their main registered base, if eligible, transport assistance may be provided to whichever of the schools the child/young person is attending on any school day.   4.      section 4.8 Extended rights current content: Qua   Qualifying children/young people will be entitled to Free School Meals or from families in receipt of Maximum Working Tax Credit. Amend: Qualifying children/young people will be entitled to free school meals, and their parent/carer will be in receipt of Universal Credit with a combined annual household income of less than £7,400 per annum.   5.      REMOVE: To make an application for free school meals please see the Council’s website:https://www.rotherham.gov.uk/benefits/apply-free-school-meals/1   I certify that this is a true record of the executive decision to:   Update the current Home to school transport Policy to comply with legislation and safeguarding duties that will provide clarity for officers and stakeholders in the application of the policy.   I confirm that in making this decision, due regard was given to the seven principles of public life.   Signed by the Decision Maker:   Dated:          14th September 2025     Name:          Andrew Bramidge                         Job Title:     Strategic Director, Regeneration & Environment     If you require any assistance in the completion of the decision record please contact the Governance Team [email protected]  

Date of Decision: September 14, 2025