Decision details

CONSIDERATION OF DRIVER SUITABILITY TO WORK ON THE HOME TO SCHOOL & COLLEGE TRANSPORT CONTRACT

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Mrs Nicola Hudson, Transport/Contract Supervisor, of the School and College Transport Team, presented a report submitted by the Director of Children’s Services in relation to the suitability of an individual Public Service Vehicle (PSV) driver to authorise them to work on a home to school contract.

 

Passengers using the Service have a range of additional needs including learning, behavioural, sensory, hearing, visual, autistic disorder or physical disabilities and escorts are allocated to accompany pupils on their journey to and from school where required. 

 

A report was considered on 6 October 2014 in relation to the Licensing and Safety Panel undertaking a review of PSV drivers working on School and College transport contracts when a caution or conviction is disclosed on their enhanced DBS certificate. Members resolved that the Panel would become the single reviewing body for such applications and the relevant delegation was amended, so as to enable it to determine if such applicants were ‘fit and proper’.

In relation to the current driver, an application was made for an enhanced DBS on 27 September 2016 which showed a conviction dated12 December 2007, in relation to racially aggravated assault by beating on 24 February 2007.  The Applicant was convicted on 12 December 2007 at Bolton Crown Court and sentenced to unpaid work requirement.

 

The Applicant attended the meeting, accompanied by their employer and explained to the Panel that the incident had occurred 10years ago but that the offence of racially aggravated assault by beating was an exaggerated explanation of what actually happened. On the night in question, the Applicant had fallen at home and had to go to hospital for treatment. They had been put in a side ward and the nurse treating them had made a comment when asked who was in the bed, ‘oh, just another drunk’.  The Applicant was very unhappy with this comment as they were not drunk and had challenged the nurse about the comment and stated they did not want to be treated by her. 

 

The Applicant explained that whilst trying to get off the bed their foot had caught the hip of the nurse but no physical contact had been intended.  The Applicant felt that the nurse was trying to cover up for her previous statement and had then called Security making an allegation that she had kicked with intent.

 

The Applicant admitted being angry at this time and had called the nurse a ‘sly person’ and then a ‘paki’ but regretted this and was very remorseful but it was the heat of the moment in the chain of events.

 

The Applicant explained that they had eventually pleaded guilty due to the costs involved and the time taken off work and had been given a 12 month suspended sentence, ordered to pay £500 compensation and had undertaken Community Service.

 

The Applicant stated that they really wanted this employment and felt that the punishment already served outweighed the actual incident.

 

Delegated decision:

 

The Panel carefully considered the report and the oral representations by the Applicant and taking into account the Council’s Conviction Policy and Guidelines and resolved, unanimously, that the Applicant was suitable to work as a PSV driver on the home to School and College transport contract and therefore the application was allowed.

 

The Licensing and Safety Panel noted that although the conviction itself was December 2007 and just under the 10 year condition, the offence itself was just over 10 years ago, and that the Applicant was remorseful for their actions at that time and therefore agreed unanimously that the driver was a suitable person.

Publication date: 13/11/2018

Date of decision: 07/03/2017

Decided at meeting: 07/03/2017 - Licensing and Safety Committee

Accompanying Documents: