To consider changes to the Council’s home to school transport policy such that it provides the statutory minimum requirement of free transport and;

To consider changes to the Council’s school transport policy such that post 16 SEN students pay the same charge as all other students.

The Cabinet Member, Young People and Children’s Wellbeing introduced the report of the Head of Sufficiency and Capital Commissioning, which set out proposals for changes to the discretionary transport policies.

Councillor Millar reported that the council’s current subsidy to the cost of school transport exceeded its statutory responsibility, and that the council’s financial position was such that it could no longer deliver services over the statutory minimum. The council had consulted widely on the proposals, and had made concessions on the proposals in response to feedback. Councillor Millar explained that alternative sources of funding were available for post-16 students.

In response to questions from Councillor Harvey and Councillor Matthews, Councillor Millar explained that secondary schools could work with feeder schools to seek ways to mitigate any adverse effects. The Interim Head of Service, Children’s Wellbeing, reported that Herefordshire was a net importer of pupils from other counties, and would continue to be even if all those affected by the changes were to choose schools outside the county. He reported that there were a number of schools with places available, should the nearest suitable school be full. 

Councillor Millar explained that the council was currently providing services in excess of the statutory minimum, and that this created inequalities. The savings from the proposal were substantial, and the change would clarify policy and minimise future risk.

In response to a question from Councillor Seldon, the Solicitor to the Council reported that, if there was  a legal challenge to the proposals in relation to post-16 students, he was satisfied that in all the circumstances the council was acting reasonably and thus lawfully.

In response to questions from Councillor Powers, Councillor Millar reported that colleges had discretion to award bursaries to any child in genuine need. He explained that staff dealing with education and those dealing with transport would, in the future, be working together and could be better able to deal jointly with any issues that arose, and to consider school transport issues as part of the wider public and community transport policies.

Councillor Johnson, Leader of the Council, reported that, should the proposals be approved, the Cabinet would continue to monitor the situation and seek to work with schools.

RESOLVED:  That Cabinet agrees the recommendation(s) to:

(a)      withdraw the Herefordshire free home to school transport policy eligibility based upon nearest and catchment school and replace with eligibility based upon:

i)       nearest suitable school with places,

ii)      in England;

(b)      continue to provide the Herefordshire free home to school transport policy eligibility based upon nearest and catchment school only for those pupils entering Y10 or in Y11 at their current school on 1 September 2014 so they may complete their study programmes;

(c)       continue to charge parents for a seat on a school bus (because the child is not eligible for free transport) but reduce the Council’s subsidy by increasing annual charge by £60 (£1.58 a week) from £660 to £720 (£17.36 - £ 18.95)  in September 2014 and to  annually review the subsidy each September thereafter to take account of operating costs;

(d)      continue to charge post 16 transport but to reduce the Council’s subsidy by increasing the annual charge by £60 (from £660 to £720) in September 2014 and to annually review the subsidy each September thereafter to take account of operating costs;

(e)       withdraw free transport for Herefordshire post 16 years with SEN and replace with the requirement to meet the annual charge of £720 from September 2014. This is to be annually reviewed each September thereafter to take account of operating costs; and

(f)        The implications of these policy changes be reviewed annually or sooner in the event that the impact of the proposed changes is materially worse than anticipated.