URL: https://westsussex.moderngov.co.uk/ieDecisionDetails.aspx?ID=2294

Decision Maker: Governance Committee, County Council

Outcome:

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: 15.1     The Committee considered a report by the Executive Director of Law, Assurance and Insight reviewing the process for dealing with stage two home to school/college transport appeals following changes made in July 2025 to delegate responsibility for hearing stage two school transport appeals to officers to deal with an expected increase in volume of appeals following a change in policy (copy appended to the signed minutes).   15.2     The Head of Democratic Services reminded members that when they had endorsed the delegation of responsibility for hearing stage two appeals to the Assistant Director (Education and Skills) in June they had also resolved to review the change and consider future arrangements once the impact of the anticipated increase in appeals was known. Since then, whilst the expected increase in the volume of appeals for 19 to 25-year-olds has not materialised, there has been an overall increase in the number of stage one appeals across all ages for a number of reasons. Given the pressure on officer resources and the challenges of arranging member-led panels, the Cabinet Member for Children, Young People and Learning had expressed her support for exploring other options.   15.3     On balance members felt that their decision in June had been a pragmatic one given the anticipated number of appeals and the difficulty there could have been in finding members to sit on boards of appeal, particularly during August. They recognised however that more understanding is needed of the pattern of appeals likely to occur in the future.   15.4     Some members were sympathetic to option (3) in the report of exploring alternative options for stage two appeals and the view that, in order to do so, more time is required to assess whether the current increase in stage one appeals leads to an increase in stage two appeals. Waiting until the Committee’s meeting in February would therefore allow for the collection of more data and provide a clearer understanding of future requirements.   15.5     However, others remarked on the strength of feeling expressed by members both at the June meeting of the Committee and at the full Council meeting in July for members to be involved in stage two appeals and the reassurances given at that time that the delegation was a temporary solution. It was suggested that continuing with the officer delegation until a further review at the Committee’s meeting in February, and then a final decision by full Council, most likely in March, would result in an unnecessary delay in returning to member involvement in appeals.   15.6     The Committee was advised that, following the appointment of additional members to the Appeals Panel at the Council meeting in October, the Panel now has its full complement of 18 members. It was noted in paragraph 2.6 of the report that, whilst the revised process has been managed effectively by officers, it has had more significant resource implications than anticipated. The Principal Solicitor explained that in some instances there have been challenges in finding officers who have not previously been involved in a case to hear the stage two appeal.   15.7     Given the previous strength of feeling amongst members, the Committee supported option (2), recommending to the County Council in December an immediate return to the previous arrangements. It was noted in relation to Appendix 1, the required constitutional changes, that the words after the first sentence of the terms of reference of the School Transport Appeals Panel on page 22 should be deleted.   15.8     However, the Committee also agreed to consider alternative options at their next meeting, as set out in option (3), taking into account evidence of the pattern of appeals over the next couple of months and further information about other councils’ arrangements.   15.9     In response to a question, the Principal Lawyer confirmed that reverting to the previous process of appeals being heard by members will not enable any appellants who have had their case heard by officers to request a new hearing as a result of the change of process.   15.10  Resolved –   (1)        That the County Council be recommended to return to the previous arrangements for hearing stage two home to school/college transport appeals and approve the necessary constitutional changes to the Committee’s and the Appeals Panel’s terms of reference set out in Part 3 of the Constitution, as set out in Appendix 1 (subject to the correction in minute 15.7 above); and   (2)        That the Committee explores alternative options for the stage two home to school/college transport appeals process and that a report to be brought to its February meeting with details of possible options.

Date of Decision: November 3, 2025