Under 16 Education travel policy

Staffordshire’s Under-16 travel policy explains who qualifies for free or assisted school transport based on distance, needs, and income.

Contents

Right to review and appeal

Can I ask for a review? 

Yes. The Department for Education recommends that councils use a two-stage review and appeal process. The timeframes we give are guidelines, not strict deadlines. We’ll try to respond quickly, but it might take longer if we need more information or during school/college holidays. 

While your review or appeal is being looked at, you are still responsible for arranging and paying for any travel you need. 

For what reasons can I ask for a review/appeal?

You can appeal for a number of reasons. But before you do, think carefully about whether you have extra evidence to support your case. Just saying you disagree with the decision isn’t enough—you need to explain why you think it’s wrong and provide supporting evidence. 
Please note: if your objection is about the law or policy itself, this process can’t deal with that, and those appeal/review requests will be rejected. 

You can appeal if 

  • The law or policy for home-to-school or post-16 travel wasn’t applied correctly. 
  • The type travel support offered isn’t suitable (we can’t make arrangements to suit parental preference, work, or childcare reasons). 
  • The distance measurement is wrong. Note: we use a GIS system for accurate measurements and don’t accept distances from other sources such as Google Maps, Bing Maps, AA Route Finder, or car odometers. 
  • The walking route isn’t safe or suitable. Routes are checked assuming your child is accompanied if you think that’s needed. Parents are responsible for arranging that accompaniment. We use our published route assessment criteria. 

Exceptional circumstances 

We may provide travel help in exceptional cases. You’ll need to give clear written evidence showing why your situation is exceptional. Each case is looked at individually, and we may ask for more information or do extra checks before deciding. 
 

Work or childcare commitments alone don’t count as exceptional circumstances. 

Providing evidence 

It’s your responsibility to provide any supporting information for your application, review, or appeal. This might include documents from other agencies. If you can show you can’t reasonably get this information, we may try to get it for you—but this could delay your appeal.

We are limited by data protection rules as to what information we can get. 

The Process

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.

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.