Archived decisions

Contact: Andy Berncastle, ext 6921, email: [email protected]

1. Summary

1.1 Concerns have been raised about the safety of the walking route between Olivers Battery and John Keble Primary School at Hursley. Members will inspect the route on the morning of 6 November 2003 and then consider the appeal.

2. Background

2.1 Children living in Olivers Battery, Winchester have the option of attending either Olivers Battery Primary School or John Keble CE Primary School in Hursley.

2.2 Discretionary transport to Hursley was provided up to 1996. The School Transport Appeals Panel then decided that the route was available for children to walk, accompanied as necessary. This decision has not been contested over the intervening years.

2.3 This year, a family moved into a farmhouse, about one quarter of the way from Olivers Battery to Hursley. This farmhouse is in the catchment area for John Keble Primary School only. Their application for free transport for two children was refused, on the basis of the 1996 panel decision. However, the Headteacher considers the route unsuitable and has strongly supported the parents.

2.4 The majority of houses in Olivers Battery are more than two miles from the school, but very few are more than three miles. Children under eight years old therefore qualify for free transport on distance grounds. If the route from the farmhouse were considered to be unavailable, then all children from Olivers Battery would again qualify for free transport.

3 The Appeal

3.1 The route has to be considered against the normal criteria as shown in Appendix 1. Appendix 2 identifies the route.

3.2 Correspondence from the appellants is attached as Appendix 3 (confidential).

3.3 Port Lane, which links Olivers Battery and the farmhouse to Hursley, is a rural single-track road. Parts of it have steep banks and high hedges, with no stepping-off points. However, the very light level of traffic (less than one car per minute) means that it is considered to be available as a walking route.

3.4 Within Hursley, footpaths are available to the school and village children use these readily, accompanied as necessary.

4. Conclusion

4.1 Members will have had the opportunity to consider the walking route. The County Council's present position is that, under the criteria, the walking route is available.

4.2 It is for Members to consider, following the guidance set out in paragraphs 2.11 to 2.13 of Appendix 1:

(i) whether the nature of the route, or an alternative route, means that it is available for children if unaccompanied; and

(ii) if the answer to (i) is no, whether the route is available if accompanied.