Agenda item

The Cabinet Member (Children and Families) submitted a report requesting  adoption of a revised policy for assistance in support of home to school and college travel for children and young people with Special Educational Needs, following consultation with stakeholders.

The Council’s existing policy required revision to reflect the expectations of the Children & Families Act 2014, which introduced significant reforms to the way in which services for children and young people with Special Educational Needs or Disability are provided, commissioned or delivered. The Act seeks to provide greater flexibility and choice to families, and to enable the use of personal budgets where this is requested.

The new policy would be come into effect from 1 November 2016 and will apply to all annual reviews or new requests for transport after that date.

The Chair invited those members of the public present to speak and ask questions.

Cabinet was informed that the Bury Parents Forum had set up a Transport Steering Group and a position statement had been produced and sent to councillors. After receiving the proposed new policy from the Council the group had contacted Independent Parental Special Education Advice (IPSEA). The response received suggested that parts of the new policy were potentially unlawful. Parents did not believe it gave greater choice or flexibility to them and implementing the proposals could result in a legal challenge or judicial review. Concerns were also raised on the consultation process undertaken and the impact on families by ending the financial assistance or transport provision for respite and short break sessions.

The Executive Director (Children’s Services) reported that having taken advice from the Council’s Legal Services, officers were satisfied that the consultation process was done properly and the policy was correctly worded and a lawful document.

The consultation process had been ongoing for over a year and had involved the distribution of questionnaires to families of service users, the use of focus groups and had included user feedback sessions.

There is no statutory duty on the Council to provide financial assistance or transport provision for respite or short break sessions. The policy proposed to bring the current arrangements in line with legislation and address individual needs. The policy had not been produced in order to reduce the budget and was intended to prevent overspending on a service that was in very high demand. The policy criteria will be produced when the policy framework has been agreed using government guidance.

Delegated decision:

1.   That the outcome of the consultation with stakeholders regarding the development of the new policy framework be noted. 

2.   That the revised home to school and college travel assistance policy framework for children and young people with special educational needs be adopted as detailed in the Appendix to the report submitted.

Reasons for the decision:

This decision enables the local authority to respond to the outcome of consultation, meet the requirements of the Children & Families Act 2014, and comply with its statutory duties in accordance with Section 508(B) of the 1996 Education Act, as amended by the Education and Inspections Act 2006.

Other option considered and rejected:

To make no changes to the current policy framework.    

(Councillors Gartside and Pickstone abstained from voting on this item.)