Suitability appeals procedure
This appeal route is for when a child is receiving travel assistance funded by us but the method of travel is not suitable. There are three grounds on which you can appeal:
- the length of the journey – the Department for Education recommends the maximum journey time for a primary aged child is 45 minutes and for a secondary child it is 75 minutes*
- the method of travel assistance offered or used
- the provider
*although these are recommended journey times, there may be cases where these will be exceeded.
More information can be found on our suitability appeals guidance document (PDF, 110KB).
How to appeal
You will need to provide an explanation in your response for:
- why you consider the offered method of travel assistance to be unsuitable
- any personal and/or family circumstances you believe should be considered when the decision is reviewed
You may also want to include any evidence that you feel would support your appeal. This could be in form of a medical letter from the hospital or GP or a report from a professional you are working with.
A senior officer will review the information you have submitted and may need to approach other parties involved, such as the school or college, the transport provider or the Transport Commissioning Team. The officer will have 21 working days from the receipt of the appeal in which to provide you with a written response. Pending the review, the child will either be transported by the offered method of travel assistance or you could arrange an alternative method of travel assistance. Please note, that if the officer does not reach a positive outcome that the offer of travel assistance will not change.
If you have received a stage one response that you believe has not fully considered the circumstances, you can ask for this to be reviewed at stage two. This will be heard by the Suitability of Transport Appeals Panel. You will be invited to present your case as will the senior officer. The panel members will then make a decision based on the information presented to them.
Once you have submitted your written request, including all relevant supporting information, the reviewing officer will send an acknowledgement letter. A date and time will be arranged that is no less than 30 working days from the date of the acknowledgement letter.
Within 15 working days of receiving your appeal date, you should send the clerk the following information:
- a written statement setting out the detailed grounds for the appeal - this should clearly state why you consider the offered method of travel assistance is unsuitable
- any documents that the panel members should consider at the hearing
- if a representative is to be appointed to present the appeal at the hearing, their name and contact details
- a list of any witnesses you wish to call to give evidence at the hearing and a summary of the evidence they will present
Prior to your case being heard, a full copy of all correspondence will be forwarded to you for information.
The Appeals Committee meet approximately once a month, depending on demand. They will consider each case on its individual merits, considering the information presented to the reviewing officer as well as any new information. When the panel makes its decision, this could be for the same method of travel as that originally offered. This could be for the same reasons as given when the original offer was made or for different reasons. If the appeal is upheld, they will determine the method of travel assistance to be offered, with reasons for the decision provided to you in writing.
Following the hearing, the Legal Clerk for the panel will send you an outcome letter within five working days detailing the decision.