Agenda and minutes

Regulatory Sub-Committee (School Transport Appeal) - Thursday, 25th January, 2018 9.30 am

Venue: Nightingale Room, HCC, Winchester

Contact: Email: Independent.appeals.service@hants.gov.uk 

Items
No. Item

1.

Appointment of Chairman

Minutes:

That Councillor P. Latham be appointed Chairman for this meeting only.

2.

Declarations of Interest

All Members who believe they have a Disclosable Pecuniary Interest in any matter to be considered at the meeting must declare that interest and, having regard to the circumstances described in Part 3 Paragraph 1.5 of the County Council's Members' Code of Conduct, leave the meeting while the matter is discussed, save for exercising any right to speak in accordance with Paragraph 1.6 of the Code. Furthermore all Members with a Non-Pecuniary interest in a matter being considered at the meeting should consider whether such interest should be declared, and having regard to Part 5, Paragraph 2 of the Code, consider whether it is appropriate to leave the meeting while the matter is discussed, save for exercising any right to speak in accordance with the Code.

 

Minutes:

Members were mindful that where they believed they had a Disclosable Pecuniary Interest in any matter considered at the meeting they must declare that interest at the time of the relevant debate and, having regard to the circumstances described in Part 3 Paragraph 1.5 of the County Councils Members’ Code of Conduct, leave the meeting while the matter was discussed, save for exercising any right to speak in accordance with Paragraph 1.6 of the Code. Furthermore Members were mindful that where they believed they had a Non-Pecuniary Interest in a metter being considered at the meeting they considered whether such interest should be declared, and having regard to Part 5, Paragraph 2 of the code, considered whether it was appropriate to leave the meeting whilst the matter was discussed, save for exercising any right to speak in accordance with the Code.

 

There were no declarations of interest made by the members of the panel under this item.

3.

Deputations

The Regulatory Committee has agreed to amend Standing Order 12, for this committee only, to allow members to ask questions of deputees. Members are allowed to ask questions of clarification of facts to be put to all deputations on an agenda item. Questions from Committee Members will be asked through the Chairman who may seek the advice of the Committee’s legal and the other advisers as appropriate: the Chairman’s decision on a question will be final. Local Members who request to speak at Committee may also be asked questions.

Minutes:

No deputations were received.

4.

School Transport Appeal: Bishops Waltham to Swanmore College pdf icon PDF 73 KB

 

To consider the report of the Director of Economy, Transport and Environment concerning the walking route from Bishops Waltham to Swanmore College and to consider a confidential representation from a parent as to its safety.

Additional documents:

Minutes:

The Panel considered the report of the Director of Economy, Transport and Environment on the walking route from Hermitage Close, Bishops Waltham to Swanmore College.

 

Members were informed that:

 

·         Following a review of walking routes to Swanmore College, it was determined that there was an alternative walking route from the Bishops Waltham area to Swanmore College.

·         This decision affected a number of pupils and subsequently the parents/guardians of 21 students were issued with a letter advising that transport would be withdrawn at the end of term, December 2017.

Any new applications received from September 2017 were rejected as being ‘under distance’.

·         The route measured less than 3 miles. The method and accuracy of measurement was explored by the Panel; the routes are measured using a ‘Trumeter’ wheel and that an adjustment is made to allow for any possible variance in the measurement.

·         The route had been assessed by a Road Safety Officer in accordance with Road Safety GB Criteria.

·         In the last 5 years, there has been one accident recorded along this route at the time of travelling to school. No accidents involving pedestrians have been recorded at school/home time.

 

 

5.

Exclusion of the Press and Public

To resolve that the public be excluded from the meeting during the following items of business, as it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during these items there would be disclosure to them of exempt information within Paragraphs 1 and 2 of Part 1 of Schedule 12A to the Local Government Act 1972, and further that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons set out in the reports.

 

Minutes:

RESOLVED:

 

That the public be excluded from the meeting during the following items of business, as it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during these items there would be disclosure to them of exempt information within Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972, and further that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest.

6.

Evidence from Appellant

To consider evidence from the appellant in support of their appeal.

Minutes:

The Panel considered the appellant’s written reasons for appeal and understood the concerns raised about the safety of the walking route. However, having previously walked the route that morning accompanied by an officer from the Economy, Transport and Environment Department, a Road Safety Officer and the appellant, the Panel concluded that the route was available accompanied, but also unaccompanied.

 

The Panel’s particular reasons for their decision were:

 

·         There was a suitable path and crossing points available for the entire route.

·         The Panel were satisfied that the route was within 3 miles of the school (as determined by section 444(5) of the Education Act 1996) and they felt that a child attending Swanmore College would be able to get to school safely using the route available.

 

RESOLVED:

 

That the walking route from Winchester Road, Bishops Waltham to Swanmore College is available accompanied and unaccompanied.