Introduction
You are entitled to challenge the local authority's decision to refuse to provide assistance with transport for your child to school. You can challenge a decision on the following grounds:
- The transport arrangements offered
- Your child’s eligibility
- The distance measurement
- The safety of the route
Please note: there is no right of review to appeal where a child’s pass has been withdrawn either temporarily or permanently on the grounds of unacceptable behaviour. There is also no right of review to appeal where you have been refused a spare seat on a vehicle.
Reviews and appeals process
The process is made up of two stages.
Stage one - Review of decision
You have 20 working days from receipt of the local authority's home to school transport decision to make a written request asking for a review of the decision.
You must make this request in writing by email to:
- start@cambridgeshire.gov.uk for children who hold an EHCP
- transportappeals@cambridgeshire.gov.uk for all other children/young people
Your written request should detail all the reasons why you believe the decision should be reviewed and give details of any personal and/or family circumstances you believe should be considered when the decision is reviewed. You should provide as much evidence as possible to support your case.
Within 20 working days of receipt of your written request, a senior officer will review the original decision and will send you a letter detailing the outcome of the review, which will set out the following information:
- The nature of the decision reached
- How the review was conducted
- Information about other departments and/or agencies consulted as part of the process
- What factors were considered
- The rationale for the decision reached
- Information about escalation to stage two, if appropriate
Stage two - Appeal
You have 20 working days from receipt of the local authority's decision following a review of the original decision to make a written request to escalate the matter to appeal.
For children who hold an EHCP, you must complete a Home to School Transport Appeal Form and submit this to the Statutory Assessment Team at start@cambridgeshire.gov.uk. Within 40 working days the County Resourcing Panel will consider your written and verbal representations, along with those from the Case Work Officers and will reach a decision on your case.
For all other children/young people, you must make this request by completing and sending the Home to School Transport Appeal form to transportappeals@cambridgeshire.gov.uk. Within 40 working days, a Service Appeals Committee (SAC), made up of three members of the County Council, will be convened to consider your application, including any previous information provided at both application and review stages of the process. You will be invited to attend this hearing to present your case.
The two grounds on which the SAC can allow an appeal are as follows:
- That the local authority (LA) has not applied its Home to School Transport Policy correctly
- That there are compelling grounds to justify making an exception to the terms of the Home to School Transport Policy
If you cannot provide evidence in support of either of these two grounds, your appeal will not succeed.
You will receive a letter detailing the outcome of the appeal hearing, which will set out the following information:
- The nature of the decision reached
- How the review was conducted
- 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 Ombudsman
At least 5 working days before the appeal hearing, you will receive the statement being submitted to the SAC by the LA. This statement will set out the LA’s reasons for not granting home to school transport for your child. You will also receive information about the procedure for the appeal hearing.
Please note: In the event of an appeal being unsuccessful, you may only request a further appeal if there has been a significant change to the circumstances already considered, such as a house or school move.
Contact details
Children/young people with an EHCP
Email: sendtransportappeals@cambridgeshire.gov.uk
