We have a legal duty to provide a review and appeals procedure, if you disagree with our decision about your child's eligibility for school transport.
Read about the stages of the appeal process
The appeals process has two stages:
Stage 1: Appeal to a senior officer
You have 20 working days from the receipt of our decision to make a written request for a review of the decision. This first stage involves the Group Manager or Head of Service responsible for school transport examining your evidence to see if our policy has been applied properly and fairly.
If they find that it has not been, and that you are entitled, then transport will be provided. If they find that our policy has been applied properly and fairly, then your Stage 1 appeal will be rejected, and they will respond within 20 working days explaining why this decision has been made.
Stage 2: Appeal to a senior officer panel
If you are unsuccessful at Stage 1, and you feel that your child is entitled due to your circumstances, then you can escalate your appeal to Stage 2. You have 20 working days from receipt of our Stage 1 response to submit a request for a Stage 2 appeal. This request will be referred to a senior officer panel (consisting of a senior officer from both the Transport service and the Education service), who will set up an appeal hearing within 40 working days.
We aim to ensure that the appeal process is conducted in a transparent and fair way, and that you feel you have been able to put your case and have been listened to.
Approximately 10 working days before the hearing, you should receive an invitation to attend the hearing. You'll be asked to send information and evidence in support of your appeal.
All papers will be treated as confidential, and hearings will be held in private. If you're unable to attend, the case will be heard in your absence.
After the hearing, the Panel will make their decision. They will consider the information and evidence submitted, both beforehand and at the hearing. They will consider whether providing transport for the child in question would be an effective and efficient use of Council resources, or whether this consideration is outweighed by the appeal you have made.
The Panel make their decision on the evidence and circumstances presented and concerning the individual child in question. If the appeal is upheld, you need to understand that there is no guarantee that siblings would also be eligible for free transport in the future.
The Panel’s decision is final and binding on both parties for the academic year in which the appeal is brought. You will receive a notification of the Panel’s decision and their reasons within five working days of the hearing. Further appeals may only be made in subsequent years if there is a substantial change in circumstances to consider.
At both stages of the process, there is a right of complaint to the Local Government Ombudsman. You can only make this sort of complaint if you consider that there was a failure to comply with the procedural rules, or if there are any other irregularities in the way the appeal was handled. If the you think the decision was flawed on public law grounds, you may apply for judicial review.