Right to review and appeal
As recommended by the Department for Education the Local Authority has a 2 stage review and appeals process. The timings for responses may be extended if additional time is required to gather supporting information or delayed by school/college holidays.
Please note that whilst the review and appeal process take place you remain responsible for arranging and funding your own travel as you feel is necessary.
You can appeal against a travel assistance decision based on:
- Eligibility for travel assistance (please note for those with an EHCP, queries regarding the suitability of named school should be raised with your Key Worker not via the appeal process).
- Transport arrangements offered.
The responsibility to supply any supporting information for an application, review or appeal rests with the applicant. This will include information from outside agencies, which the applicant feels supports their request.
Stage 1: Review by a Senior Officer
To request a Stage 1 review against a decision please complete (within 20 working days of your refusal) the online review request form and attach all your additional supporting information you wish to be considered. For pupils with an Education, Health and Care Plan a different form applies.
You review request should explain why you consider the decision is wrong and present sufficient evidence to support your position, including any exceptional circumstances relevant at the time of your previous or present application.
Review or appeal requests will be considered applying our published Data Protection and Fair Processing notice.
An Officer not involved in the original decision will review your case, considering if the law and policy have been properly applied and consider any exceptional circumstances you have outlined. We aim to make a Stage 1 review decision within 20 working days and include within the decision letter:
- how the review was conducted;
- information about other departments and/or agencies that were consulted as part of the process;
- what factors were considered;
- the rationale for the decision reached; and
- how to escalate your case to Stage 2 (if appropriate).
However, if a review of the route is required this may take longer. Please note that walking route assessments requests received during the summer term will be completed as soon as possible but are generally carried out towards the end of the autumn term, with the authority aiming to make a final decision by the end of the calendar year in which the request is made.
Stage 2 – Independent Appeal Panel
Parents have 20 working days from receipt of the Local Authority’s Stage 1 written decision notification to make a written request to escalate the matter to Stage 2. Within 40 working days of receipt of the request an Independent Appeal Panel will consider the case. Parents will also be given the opportunity to make a verbal representation to the Panel if they wish. Within 5 working days of the Panel meeting, a response will be provided setting out:
- the nature of the decision reached;
- how the review was conducted (including the standard followed);
- information about other departments and/or agencies that were consulted as part of the process;
- what factors were considered;
- the rationale for the decision reached; and
- information about your right to put the matter to the Local Government Ombudsman (see below).
The Independent Appeal Panel members will be independent of the original decision-making process, but are not required to be independent of the authority.
If at Stage 2 the decision not to provide travel assistance is upheld, you will be informed of your right of complaint to the Local Government Ombudsman, but only 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 has been handled. If you consider the decision of the Independent Appeal Panel to be flawed on public law grounds, you may also apply for judicial review.
Please note that if you have been unsuccessful, further review and appeal requests would not be accepted by the Authority in the same academic year unless there has been a significant material change in your circumstances or you are able to provide new supporting information for consideration.
