Decision details

(E)               The 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 consideration of a driver’s suitability to work on the Home to School and College transport contract.  The Council currently provides home to school transport to approximately 400 children attending 45 schools within the borough of Bury and neighbouring authorities.

                      Passengers using the Service have a range of additional needs including learning, behavioural, sensory, hearing, visual, autistic disorders 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 this application, as part of the process to be accepted as a PSV driver on the Home to School transport contract, a DBS status check was undertaken on an enhanced certificate that had been applied for by Wigan Council, which showed a caution dated 11 November 2016, in relation to a common assault (criminal justice act 1998 S.39) and the Applicant was cautioned on the same date by Greater Manchester Police.

                      The Applicant attended the meeting, unaccompanied and explained to the Members of the Licensing and Safety Panel that he had accepted the caution at the Police Station as he thought it was a formal procedure.  He had been kept for 20 hours and just wanted to get home.  He had asked if the caution would show on any records and had been told that it would not appear on a DBS check.  The Applicant stated that he would not have signed and accepted the caution if he had known and he was unaware that he should have declared this to the Licensing Service.

                      The Applicant explained the circumstances behind the caution, in that it was following a domestic incident with his then wife, with whom he has two children, after finding out that she had been having an affair.  He explained he had only pushed her and that they were now divorced and he now has a platonic relationship with her.  This was a one off incident which wouldn’t be repeated and he felt it unfair that the caution would affect any future job prospects, under the circumstances.

                      The Applicant explained that for 10 years he has been running his own business on the Home to School and College transport framework and has previously worked for Bury Council, amongst other Local Authorities.  He is currently employed with Schools Direct. 

                      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, on a majority decision, that the Applicant was not suitable to work as a PSV driver on the Home to School and College transport contract and therefore the application was refused.

The Licensing and Safety Panel noted the following;

·         the incident was a serious matter

·         the caution was just 12 months ago

·         the Applicant did not show remorse for the incident in question or apologise for his behaviour the Applicant was not a fit and proper person to be accepted as a PSV driver.