Stage 2 Appeals are currently being considered with 70 working days (not the published 40 working days). This is due to unprecedented demand and the availability of the Appeals Committee.
It is your responsibility to source and submit supporting evidence, where necessary. Please do not submit your appeal until all supporting evidence ready to provide. The Transport Coordination Service will not source this on your behalf. If supporting evidence is submitted at a later date, the number of working days the Local Authority have to consider your appeal (see below) may be reset.
Parents and carers may sometimes disagree with decisions taken by Cornwall Council in respect of travel assistance. For this reason, we have a two-stage appeals process.
The following points are shared by many other parents/carers. For this reason, they are not considered to be exceptional family circumstances – but disagreement with law and local policy itself.
- You disagree with how nearest school is determined.
- Walking duration should be considered - not just walking distance.
- Your child’s nearest school is full now.
- Your child attended a feeder school for your chosen school.
- Your child’s friend(s) attend your chosen school.
- Your child’s relative(s) attend your chosen school.
- You intend to live closer to your chosen school in the future.
- You are unable to transport your child to and from your chosen school.
- You are aware of other children living nearby who are eligible.
- You have another child who is eligible for travel assistance.
- The availability/reliability of public transport to your chosen school.
- You live close to a pick-up point for an existing bus/vehicle.
- You are willing to drive your child to a pick-up point.
- You believe that environmental factors should be considered.
- Your child is unable to walk to and from your chosen school. This is not relevant unless your child is attending their nearest school with a place available at the point of applying for a school place, or your designated school.
- You consider the walking route to your chosen school to be unsafe. This is not relevant unless your child is attending their nearest school with a place available at the point of applying for a school place, or your designated school.
The information and supporting evidence (if relevant) you provide within your appeal should relate to your individual family circumstances. This is because the scope of appeals is limited to determining whether the law and local policy have been applied correctly. It is not to consider the fairness of the law and local policy itself. If you believe that the law and/or local policy should be changed, you should contact your MP and Local Cornwall Councillor respectively. Any changes would then be applied for all children, Alternatively, please submit a complaint to Cornwall Council via www.cornwall.gov.uk/complaints.
There is a right of appeal if you believe that…
The eligibility criteria have not been applied correctly.
Please check the relevant policy before submitting your appeal. It would be helpful to mention which criteria you think might not have been applied as it should.
The distance measurements provided are incorrect.
Please check the relevant policy before submitting your appeal. It would be helpful to mention what you believe the correct measurements are.
The walking route is unsuitable.
This may relate to the walking route to the school, or to the pick-up point. Please check the Pedestrian Route Assessment Policy before submitting your appeal.
It would be helpful to mention which criteria you think might not have been applied as it should.
The travel arrangements offered are unsuitable.
There is no right of appeal against decisions to place (or not place) students on specific vehicles, or with specific operators or drivers. You have the right to submit a complaint to Cornwall Council - but not an appeal. For further information, please visit How to complain.
You consider your family’s circumstances to be exceptional.
This relates solely to applications considered under the Home to School Travel Assistance Policy (not those considered under the Post-16 Travel Assistance Policy). The term ‘exceptional’ relates to family circumstances which are unusual, uncommon and infrequent, and beyond the parent’s control.
Stage 1 Appeal - Review by a Senior Officer
Stage 1 Appeals must be submitted within 20 working days of the Local Authority's decision. Appeals received after 20 working days will only be considered if it can be evidenced that there were exceptional and unforeseen circumstances which prevented the appeal from being submitted.
They will be considered by a Senior Officer within the Transport Coordination Service within 20 working days. The officer will review the original decision and respond with a detailed written outcome 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.
- Information about escalation to a Stage 2 Appeal (if applicable).
Stage 2 Appeal - Review by the Appeals Committee
Stage 1 Appeals must be submitted within 20 working days of the Local Authority's Stage 1 Appeal decision. Appeals received after 20 working days will only be considered if it can be evidenced that there were exceptional and unforeseen circumstances which prevented the appeal from being submitted.
They will be considered by a Senior Officer within the Transport Coordination Service within 40 working days. The Appeals Committee will review the original decision and respond with a detailed written outcome 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.
- Information about escalation to the Local Government and Social Care Ombudsman (if applicable).