If you think your child should have been awarded transport but it has been refused, you can appeal to have your application re-considered. The appropriate form will be sent to you when a request for transport assistance has been refused.
Stage one appeal
If you have been refused transport assistance, you can make a Stage 1 appeal. You must return the form within 20 working days from the date of the Stage one letter informing you of the decision. Appeals received after this deadline will not be considered.
The Stage 1 appeal will be undertaken by a Service Manager from Children’s Services (Officer B). This will be someone who will not have been involved in the initial decision making. You will be asked to put your views in writing. The appointed Service Manager may also make direct contact with you to discuss your appeal and views further and may also speak with the officers involved in the initial decision-making process.
The appointed Service Manager will then write to you advising you of the outcome of your appeal and the reasons for the decision. They will record their decision using the record of decision form. This will detail the decision reached and the rational for this decision alongside any other alternatives that were considered.
This would normally take place within 20 working days of receipt of the written request appealing the original decision.
If your request has been declined, we will tell you how to make a request for Stage 2 of the appeal process within the decision letter.8483
Stage two appeal
If you have been refused transport assistance, you can make an appeal at stage 2. You must return the stage 2 appeal form within 20 working days from the date of the Stage one letter informing you of the decision. Appeals received after this deadline will not be considered.
Stage 2 of the appeals process will be considered by an independent panel from within Torbay Council. The panel will include independent officers from Torbay Council who will not have been involved in the initial decision (officer A) or the stage one appeal process (Officer B) or had any direct involvement with the case. The independent appeal members will be suitably experienced 9this is at the discretion of the local authority), to ensure a balance is achieved between meeting the needs of the parents and the local authority, and that road safety requirements are complied with, and no child is placed at unnecessary risk (Home to School travel and guidance 2014).
The Head of Service for Quality Assurance within Children services will be appointed as part of the stage 2 process to consider the voice of the young person, the impact of any decision upon them and the safeguarding of children. The views of the Head of Service for Quality Assurance will be considered within the final decision made by the appointed Chair of the Independent Panel.
The Independent Panel will within 40 days of the appeal request and will consider written and verbal representation from both the parent/carer and officers involved in the case and give detailed written notification of the outcome (within 5 working days).
If you remain unhappy with the decision made within the stage 2 appeals process, you will be advised of how to make a complaint within Torbay’s complaint procedures.
If you consider there has been a failure to comply with procedural rules or if there are any other irregularities in the way an appeal was handled, you may have a right to refer the matter to the Local Government Ombudsman. If you consider the decision of the independent appeals panel to be flawed on public law grounds, you may apply for judicial review.
Home to school travel and transport flowchart of the review/appeals process
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