What if I am not eligible for post 16 mainstream travel assistance?
Our post 16 transport statement gives details of other options you may want to consider if you are not eligible for any assistance from the council.
Right to review
As recommended by the Department for Education the local authority has a 2-stage review and appeals process. The timings outlined below are recommended and not compulsory. Whilst we aim to respond as quickly as we can, the timings for responses may be extended if additional time is required to gather supporting information or delayed by school/college holidays.
Please note: whilst the review and appeal process takes place you remain responsible for arranging and funding your own travel as you feel is necessary.
You can appeal against an individual travel assistance decision based on:
- eligibility under the post 16 travel scheme
- 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. However, if the parent can demonstrate that they are reasonably unable to do this, then the authority can take steps to try to locate this itself to ensure it has access to this information, but this may cause a delay in dealing with your appeal. Please be aware the authority but may be limited as to what information it can obtain due to the Data Protection Act.
1
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.
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.
A senior officer 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).
2
Stage 2 - Review by an 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
- information about your right to put the matter to the local government ombudsman.
The above period of 5 working days will be reasonably extended where the panel consider it is necessary to gather further information after the panel meeting was held.
The independent appeal panel members will be independent of the original decision-making process and ensure a balance is achieved between meeting the needs of the parents and the local authority’s duty.
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.
Local government ombudsman
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.