School Transport Policies

Waiting for an internal review by Warwickshire County Council of their handling of this request.

Dear Warwickshire County Council,

LAs should have a policy on home-to-school transport. The policy should set out:
-eligibility for free travel and how entitlement will be assessed;
-arrangements for children with SEN and/or disabilities including arrangements for pupils who are registered at more than one school;
-provision of escorts;
-charges;
-assistance to attend extended schools;
-travel to residential schools;
-complaints.
LAs should consult widely on any changes to such policies.

Such policies should not impose additional restrictions and limitations on access which are not contained in the Education Act 1996.

Can you please provide a full copy of all policy documents you hold, including internal working documents such as desk guides, internal memo's/guidance and so forth.

Please also provide any training information provided to your applications teams which deals with the specific aspects of:
-route calculations
-costings
-application processing
-case law
If this training material consists of other data, please provide the training material in full.

I am confident, from speaking with various officers within your council (Andrew Stokes, Kevin McGovern, Collette Naven Jones) that your council does not follow relevant case law or Legislative requirements, or infact statutory guidance. (IE: It automatically refuses transport if there is a nearer school - regardless of any representation on suitability - and disregarding existing caselaw [ IE: Dudley Metropolitan Borough Council v Shurvington[2012] EWCA Civ 346 which was a case about what happens where the LA says that there is nearer suitable school. ]

To be clear, this case makes it clear the following:

(1) The first stage is for the tribunal to determine the relative transport costs of the two schools, assuming the authority will have to provide transport to both.
(2) If the tribunal determines that the costs of transport to School B is not incompatible with the efficient use of resources, the tribunal must name School B and only School B, even if School A is also deemed suitable.
(3) If the tribunal determines that the cost of transport to School B is incompatible with the efficient use of resources then the tribunal may name School B as well as School A in the Statement, on the condition that the parents pay the cost of transport to School B.

*** The above analysis must be applied before a local authority can lawfully relieve itself of the duty to provide home to school transport ***

What documents / information do the council hold relating to this case, and what information have the council made available to the staff which process transport application to ensure they are aware of this lawful obligation which has been placed upon them.

Yours faithfully,

Wayne Pearsall

 
Information request
Our reference: 1828328

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Dear Mr Pearsall
 
 
Thank you for your request for information that was received on 21
September 2016.
 
We are dealing with your request under the and we aim to send a response
by 19 October 2016.
 
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
 
The may restrict the release of some or all of the information you have
requested. We will carry out an assessment and if any exemptionsapply to
some or all of the information then we might not provide that
information to you. We will inform you if this is the case and advise you
of your rights to request an internal review and to complain to the
Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 

 Kind regards

Jonathan Sheward
Information Rights Officer

Information Management
Warwickshire County Council
Information Management
Shire Hall, Warwick CV34 4RL
Tel: 01926 418633

 

 
NOTE: Please do not edit the subject line when replying to this email.

3 Attachments

 
Information request
Our reference: 1828328

--------------------------------------------------------------------------

 
Dear Mr Pearsall
 
Thank you for your request for information received on 21 September 2016.
 
Please find attached our response to your request.
 

 Kind regards

Louise Church
Information Governance Officer

Resources
Information Management
Warwickshire County Council
Shire Hall, Warwick
Warwickshire CV34 4RL
Tel: 01926 412125

 

 
NOTE: Please do not edit the subject line when replying to this email.

Dear Warwickshire County Council,

1828328

The whole route from the child's home to the school should be assessed at a time children would
normally be travelling to and from school.
When assessing the safety of a potential walking route, the following points should be considered.
• When assessing the safety of an “available route”, only the potential risk created by traffic, the
highway and topographical conditions should be considered (1).
• Each case must be considered on its own merits. Where possible the assessment should be carried
out on foot.
Using on-line street imagery may indicate a route is hazardous, however a site survey may also be
necessary. Even if it suggests a route is not hazardous a site survey must still be carried out.
Note: you should be aware of how old the imagery is as it may not show recent changes to the
route.
• It is assumed that children are accompanied as necessary by a responsible parent or carer (2).
• A footway, roadside strip of reasonable width and condition, a public footpath or bridleway will all
normally be assumed to provide an available route for that part of the journey (3).
• On a road with light traffic flow a verge that can be stepped on by a child and accompanying parent
when traffic is passing can normally be assumed to provide an available route.
This is known as a “step off” (4).
• It is assumed that the road will be crossed to use a footway or road side strip (5).
• Many available routes may lie along roads that have neither a footway nor verge. On these roads
the width of the carriageway, traffic speed and type of traffic (e.g. frequent long or heavy goods
vehicles) as well as visibility/sight lines that may be affected by sharp bends, high hedgerows or
other obstructions must be considered. It is likely that if a route is found to be lacking in ‘step offs’
then it is also likely to have issues with adequate visibility – the features that affect the availability
of ‘step offs’ often impact on visibility – hedges, gradients etc. However, there may be exceptions to
this.
• Where roads need to be crossed, the availability of crossing facilities such as central refuges,
pedestrian crossings or traffic signals should be taken into consideration. Where no crossing
facilities exist the risk assessment of the route should include consideration of each road crossing,
bearing in mind traffic speed and flows, sight lines etc.
• The road casualty record along the route.
• A written record of the assessment should be kept.
Section 2
Route Assessment Procedure
Assessment of Walked Routes to School

This is from the guidance provided...

Can you please provide the written record which the council should store for the route of Cv36 4pq (Blackwell nr Shipston on stour) to Ettington Primary school.

Can you please provide the site surveys.

Please provide all other referenced factors.

Yours sincerely,

Wayne Pearsall

 
Information request
Our reference: 1905628

--------------------------------------------------------------------------

 
Dear Mr Pearsall
 
Environmental Information Regulations 2004
 
Thank you for your request for information that was received on 19 October
2016.
 
We are dealing with your request under the Environmental Information
Regulations 2004 and we aim to send a response by 16 November 2016.
 
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
 
The Environmental Information Regulations 2004may restrict the release of
some or all of the information you have requested. We will carry out an
assessment and if any exceptionsapply to some or all of the information
then we might not provide that information to you. We will inform you if
this is the case and advise you of your rights to request an internal
review and to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 

 Kind regards

Louise Church
Information Governance Officer

Resources
Information Management
Warwickshire County Council
Shire Hall, Warwick
Warwickshire CV34 4RL
Tel: 01926 412125

 

 
NOTE: Please do not edit the subject line when replying to this email.

Dear Warwickshire County Council,

1905628

Ensure you respond under the foia also.

Yours sincerely,

Wayne Pearsall

1 Attachment

 
Information request
Our reference: 1905628

--------------------------------------------------------------------------

 
Dear Mr Pearsall
 
Thank you for your request for information received on 19 October 2016.
 
Please find attached our response to your request.
 

 Kind regards

Louise Church
Information Governance Officer

Resources
Information Management
Warwickshire County Council
Shire Hall, Warwick
Warwickshire CV34 4RL
Tel: 01926 412125

 

 
NOTE: Please do not edit the subject line when replying to this email.

Dear Warwickshire County Council,

1905628

Part of the route includes the fosseway. I know that this road has some form of assessment as transport is provided from Blackwell to Newbold and Tredington in the basis that it is a dangerous route owing to `the fosseway'.

Can you please provide all inspections, reports, and so forth relating to the accidents, safety, and so on (car count, speed of road, walkways step offs, etc) of the fosseway. (passing between Tredington and Blackwell).

Yours sincerely,

Wayne Pearsall

 
Information request
Our reference: 1912028

--------------------------------------------------------------------------

 
Dear Mr Pearsall
 
Environmental Information Regulations 2004
 
Thank you for your request for information that was received on 24 October
2016.
 
We are dealing with your request under the Environmental Information
Regulations 2004 and we aim to send a response by 21 November 2016.
 
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
 
The Environmental Information Regulations 2004may restrict the release of
some or all of the information you have requested. We will carry out an
assessment and if any exceptionsapply to some or all of the information
then we might not provide that information to you. We will inform you if
this is the case and advise you of your rights to request an internal
review and to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 

 Kind regards

Louise Church
Information Governance Officer

Resources
Information Management
Warwickshire County Council
Shire Hall, Warwick
Warwickshire CV34 4RL
Tel: 01926 412125

 

 
NOTE: Please do not edit the subject line when replying to this email.

Dear Warwickshire County Council,

Louise, can you confirm why you aren't dealing with the request under the foia?

Yours sincerely,

Wayne Pearsall

Dear Mr Pearsall,

Thank you for your email.

When receiving your request, the information required fitted more under
the Environmental Information Regulations which is a different regime from
the Freedom Of Information Act.

This should make no difference to our response as it is very similar and
has exceptions similar to exemptions (FOIA), further more it aims are for
transparency and openness.

Kind regards

Louise Church
 

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Dear Warwickshire County Council,

Louise, can you confirm why you aren't dealing with the request under the
foia?

Yours sincerely,

Wayne Pearsall

show quoted sections

 
Information request
Our reference: 1912028

--------------------------------------------------------------------------

 
Dear ‎Mr Pearsall‏
 
Environmental Information Regulations 2004
 
I am writing to ask you to clarify your request. This is because we need
further details from you in order to identify and locate the information.

You asked us;

Can you please provide all inspections, reports, and so forth relating to
the accidents, safety, and so on (car count, speed of road, walkways step
offs, etc) of the fosseway. (passing between Tredington and Blackwell).

Therefore I should be grateful if you would provide a time frame for us to
search for information and also provide a specific location as both
Blakewell and Treddington are off the Fosseway.
 
I will not be able to take this matter further without this extra
information from you. Please let me know by 30/11/2016.
 
If I do not hear from you within the timeframe provided, I shall take it
that you do not wish to pursue this request and will consider the request
closed. 
 
If you need assistance, please contact me on 01926 412125 or
[email address].
Kind regards
Louise Church
Information Governance Officer
Resources
Information Management
Warwickshire County Council
Shire Hall, Warwick
Warwickshire CV34 4RL
Tel: 01926 412125

 

 
NOTE: Please do not edit the subject line when replying to this email.

Dear Warwickshire County Council,

The previous three years should do it... But if there hasn't been one then

The most recently used inspections, obviously.

Yours sincerely,

Wayne Pearsall

Dear Warwickshire County Council,

Just noted the second part of your clarification request. I think I've been very clear, but as you've asked.

The fosseway from Halford, past the subru garage over the roundabout, down past Armscote Rd, Tredington Rd, all the way down to darlingscote road should do it.

I note that location was pretty clear already given that the fosseway runs down the middle of the area between Tredington and Blackwell and i noted the stretch between the villages.

And given my previous request, and the route I'm interested in the location was very clear.

Please also provide all assessments on the route to Shipston Primary from cv364pq.

This route is also deemed dangerous, given darlingscote Rd and the fosseway.

Thanks

Yours sincerely,

Wayne Pearsall

Thank you Mr Pearsall,

Kindest regards

Louise

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Dear Warwickshire County Council,

Just noted the second part of your clarification request. I think I've
been very clear, but as you've asked.

The fosseway from Halford, past the subru garage over the roundabout, down
past Armscote Rd, Tredington Rd, all the way down to darlingscote road
should do it.

I note that location was pretty clear already given that the fosseway runs
down the middle of the area between Tredington and Blackwell and i noted
the stretch between the villages.

And given my previous request, and the route I'm interested in the
location was very clear.

Please also provide all assessments on the route to Shipston Primary from
cv364pq.

This route is also deemed dangerous, given darlingscote Rd and the
fosseway.

Thanks

Yours sincerely,

Wayne Pearsall

show quoted sections

3 Attachments

 
Information request
Our reference: 1912028

--------------------------------------------------------------------------

 
Dear Mr Pearsall
 
Thank you for your request for information received on 24 October 2016.
 
Please find attached our response to your request.

Kind regards

Louise Church
Information Governance Officer
Resources
Information Management
Warwickshire County Council
Shire Hall, Warwick
Warwickshire CV34 4RL

 

 
NOTE: Please do not edit the subject line when replying to this email.

Dear Warwickshire County Council,

1912028

You haven't provided a map to darlingscote etc for the travel to Shipston. Only the literal "between the villages" despite requesting, delaying and receiving a very clear response.

Please pass this response onto Sarah mills also for my appeal.

Clearly the council do hold information but simply choose to ignore and endanger the lives of vulnerable children.

Yours sincerely,

Wayne Pearsall

3 Attachments

 
Information request
Our reference: 1912028

--------------------------------------------------------------------------

 
Dear Mr Pearsall
 
Thank you for your email detailed below.

Do you wish to request an internal review?

You haven't provided a map to darlingscote etc for the travel to Shipston.
Only the literal "between the villages" despite requesting, delaying and
receiving a very clear response. 

Please pass this response onto Sarah mills also for my appeal. 

Clearly the council do hold information but simply choose to ignore and
endanger the lives of vulnerable children. 

Kind regards

Louise Church
Information Governance Officer
Resources
Information Management
Warwickshire County Council
Shire Hall, Warwick
Warwickshire CV34 4RL

 

 
NOTE: Please do not edit the subject line when replying to this email.

Dear Warwickshire County Council,

That was clear, wasn't it?

Also the fact that I'm raising am official complaint about the clear safeguarding breaches by the council by failing to provide transport on an established dangerous route. Obviously this needs referring to the mash and lado, and you've got my private email...

Yours sincerely,

Wayne Pearsall

 
Information request
Our reference: 1912028

--------------------------------------------------------------------------

 
Dear Mr Pearsall
 
Thank you for your request for a review received on 15 November 2016. I am
sorry that you are dissatisfied with our attempts to handle your request
under the Environmental Information Regulations 2004
 
I can confirm that we are considering your concerns and a member of our
Legal Services Team will aim to provide you with a response by 13 December
2016.
 

Kind regards

Louise Church
Information Governance Officer
Resources
Information Management
Warwickshire County Council
Shire Hall, Warwick
Warwickshire CV34 4RL

 

 
NOTE: Please do not edit the subject line when replying to this email.

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