School Transport Appeals

The policies of the Council, as the Education Authority, in respect of the provision of assistance for home to school/college transport are administered by the Director of Education. Officers within the Engineering and Transport Unit based in the Council's Planning and Environment Directorate operate the Scheme on behalf of the Director of Education.  The Officers within the Engineering and Transport Unit therefore consider applications and issue decisions in accordance with the Council's policies.

HOW TO APPEAL

You can appeal against a decision made by the Engineering and Transport Unit with which you disagree. If you wish to appeal against a decision, you should complete the form below and email it to democratic.services@rbwm.gov.uk or post it to the:

Clerk to the Appeals Panel
Democratic Services Section
Royal Borough of Windsor and Maidenhead
Town Hall
St Ives Road
Maidenhead
SL6 1RF

What Happens Next

A copy of your appeal form will be forwarded to the Council's Engineering and Transport Unit and a statement will be prepared by them.  The Statement will detail how the Policy has been applied in your case and the reason for the refusal of your application.  That statement, together will all information you have submitted, will be circulated to the Appeals Panel.

You will receive 14 days notice of the date, time and location of your appeal.  This will normally be at the Town Hall in Maidenhead.  With this notice there will be a copy of the information that will be put before the Appeal Panel and a note of the procedure to be followed at the hearing.

How does the Appeal Hearing Work

Appeals are determined by an Appeals Panel.  The Panel comprises 3 or 5 Councillors and meets as and when required - there is no set programme. 

The Panel considers each case in private and on its merits within the policy adopted by the Council. Appeals are timetabled and every effort is made to keep to your appointed time.

You are of course most welcome to attend the Appeal Panel to put your case and to bring someone with you to assist if necessary.  Experience has shown that it is seldom necessary for you to be represented by a solicitor and indeed you should be aware that the Council can not pay any of your costs relating to the appeal.  If you are going to be represented or assisted you should let the officer administering your appeal know as soon as possible. A Democratic Services officer will be at the hearing acting as clerk and as an independent source of advice on the procedure.  A representative of the Director of Planning and Environment will attend to put the Council's case.

You don't have to come to the appeal if you do not want to. In such cases the appeal will be determined on the basis of the written material submitted. You can submit written material in support of your appeal right up to the appeal date, although it assists if you submit the material earlier.

Appeal Hearings are arranged as informally as possible. Although the Chairman will decide how the appeal hearing is run, the normal procedure is as follows:-

1. The Chairman will welcome you to the Appeal, outline the procedure and introduce the other Appeal Panel Members to you. He/she will also introduce the Director of Planning and Environment's representative, whom you may well have already met outside the room.
2. The Director of Planning and Environment's representative will begin by explaining why your child has not been provided with transport assistance.  If you or the Panel wish to ask any questions on what has been said you can do so.
3. The Chairman will then ask you to put your case. You will be given as much time as you need, so please use it to your best advantage. It is important to try and make clear why you feel your child should be provided with transport assistance.  The Appeal Panel will have received all the written information you have submitted. The Panel and the Director of Planning and Environment's representative can then ask you questions if they need any more information.
4. The Chairman will give the Director of Planning and Environment and you the opportunity to sum up your case before you are both asked to leave.

The emphasis is on informality coupled with fairness to ensure you receive a fair and impartial hearing.

The Decision

The Panel's decision on your appeal will be notified to you in writing, normally within 2 working days of the meeting.  If your appeal has been allowed an Officer from the Engineering and Transport Unit will contact you about making the necessary arrangements.  If your appeal is dismissed, there is no further local avenue for consideration of the case.  However, if you feel that the matter has been handled inappropriately by the Council, you may take the matter up with the Local Government Ombudsman or seek to get the matter judicially reviewed.  (You should obtain legal advice if you want the matter judicially reviewed).  Link to the Local Government Ombudsman's Website.

FURTHER INFORMATION

If you require any further information please contact democratic.services@rbwm.gov.uk or Tel: (01628) 796310

•   School Transport Appeal Form (45kb)

•   School Transport Appeal Form (117kb)