Contact: Terry Rath, Education Officer, [email protected] tel: 01962 846457

1 Summary

1.1 This report sets out the results of the consultations on the continuation of free transport to denominational schools agreed by the Executive Member for Education at his decision day on 19 January 2006. A copy of the report is attached as an Appendix. The report describes the measures that were taken to consult on changes to policy and summarises the replies that were made. The report recommends that the Executive Member adopt a new denominational transport policy for new applicants from the start of the academic year 2007-08 based on the introduction of charges, but taking into account the number of eligible children in a family travelling to a denominational school and the level of family income.

1.2 This report supports Aim 5 of the Corporate Strategy, improving services by focusing resources on the priorities for the Children's Services Department and in doing so contributes to all the Children's Act outcomes.

2 Background

2.1 The report to the PRC in January 2006 outlined two reasons for initiating the consultation on denominational transport. Firstly, the continuing pressure on the home to school transport budget from higher than average inflationary cost pressure. The provision of free transport to denominational schools is an area where the County Council has discretion over whether or not to provide assistance with transport. The consultation provided an opportunity to review the benefits of continuing to make this provision against all the other pressures on the County Council's budget for Children's Services. Secondly, the County Council was aware of questions being asked about whether the continuation of this support for denominational choice of school, despite its legal and historical background, was fair or justified when choice of schools based on other factors was not assisted with support for transport.

2.2 The January 2006 report also set out the current costs of providing denominational transport, analysed the potential impact of different policy options and provided an analysis of the current distribution of pupils receiving support with transport to travel to denominational schools.

2.3 The January 2006 report also set out the legal background. Section 509 of the Education Act 1996 states that in determining whether or not to provide transport the local authority "must have regard" to the wishes of a parent for the education to be provided at a school sharing the parent's religion. The discretion in s509 is limited by the provisions of section 444 of the Education Act 1996 which provides a statutory excuse for non-attendance by a pupil whose home is beyond walking distance and on the ground that no suitable arrangements have been made by the LEA regarding his transport to and from the school. Following a number of court decisions in this area an LEA cannot refuse to provide free transport on the basis that there is a nearer school which a child could attend unless it is of the view that the nearest school would be a suitable school for that child to attend. As to what is suitable the reasons underlying parental preference are relevant but not determinative, as also are financial considerations and lawfully adopted policy considerations. The DfES in a letter to the East Riding Council made it clear that parental preference "does not mean that this is an overriding factor in the local authority's deliberations" and it is lawful for LEAs to "take into account the cost of providing transport and their own resources when deciding whether to end free denominational transport". This has recently been confirmed in a judgement in March 2006 in the case of R -v- Leeds City Council/Education Leeds. The Judge found that the City Council had been entitled to take into account the costs of transport in respect of each individual child in deciding not to provide transport for some children on denominational grounds. He also commented that parental preference "is not a trump card" and that the Local Authority was entitled to take a general view on the suitability of local schools offering the national curriculum, in the absence of particular requirements in relation to a particular child.

2.4 Since the consultations were initiated the Government has published the Education and Inspections Bill which includes some paragraphs on the provision of home to school transport. As far as a local authority's responsibility for providing denominational transport is concerned there are no proposals in the draft to amend their powers and responsibilities. This, like other parts of the Bill could be amended in its passage through Parliament.

2.5 The report in January 2006 indicated that information was being sought about whether other local authorities were amending their denominational transport policy. As well as the East Riding, Northamptonshire, Herefordshire, Devon and Essex, amongst others, have ceased to provide free denominational transport while other local authorities are undertaking consultations.

3 Consultation

3.1 The five dioceses (4 Anglican and 1 Roman Catholic), which cover the County were asked for their comments on the proposals as were all the neighbouring local authorities which maintained schools attended by any children receiving transport assistance for Hampshire. All the schools attended by the children receiving assistance under the denominational transport policy were also asked for their views.

3.2 A consultation leaflet was sent to all parents of children benefiting from the current denominational transport policy asking whether or not they agreed with a statement that the County Council should;

· cease to provide transport to denominational schools;

· whether or a scheme based on charging should be introduced; or

· whether the County should continue only to support those children in receipt of free school meals with free transport.

The form also provided an opportunity for wider comment. A copy of the form was sent to all Hampshire County Councillors and Members of Parliament.

3.3 A copy of the form was put on the County Council's website. Parents and others were able to use this to respond to the consultation. Headteachers from Hampshire schools were able to comment on the proposals.

3.4 Discussions were held with the Right Reverend Crispian Hollis, the Roman Catholic Bishop of Portsmouth and his colleagues, the Diocesan Liaison Panel, the Hampshire Governors Representative Forum and with representative groups of Hampshire headteachers.

4 Results of the Consultations

4.1 980 postal questionnaires were distributed to parents currently using denominational transport. 298 responses (30.4%) were returned. In addition a further 122 responses were received electronically giving an overall response of 420. Although not all the electronic responses identified the sender, the majority were received from parents. The different methods of response were brought together to analyse the replies.

4.2 The vast majority of those replying, 95%, did not agree that the County Council should cease to provide free transport to denominational schools. In responding to the option about the introduction of a £1 per day charge, 87% disagreed with this option while 95% disagreed with the option of only providing assistance for pupils in receipt of free schools meals. It is clear that the majority of parents currently benefiting from the existing policy do not support a change in the County Council's denominational transport policy.

4.3 In addition, parents sent letters to their local Councillors, their MPs, the Executive Member for Education and the Director of Children's Services. A log of the letters received in the Children's Services Department and copies of the correspondence have been placed in the Members' Room. Letters or e-mails were also received from headteachers, of six schools and four governors (one jointly with the headteacher) and four of the dioceses.

4.4 Many of the letters highlighted particular issues of concern to individuals, others were clearly standard letters, while some parents added their personal comments into standard formats. Some letters were received from residents of Portsmouth and Southampton but these have not been included in the analysis.

5 The Major Issues

The following paragraphs outline the major issues that were raised during the consultation.

5.1 Many of those responding emphasised the link between their ability to choose a catholic education for their children with the availability of free transport. The location of denominational schools was agreed between the churches and the County Council in the expectation that they could serve a geographically wider community than other schools. If free transport was not available then parents may not be able to choose a catholic education as was required of them by canon law because of the cost of taking their children to school. There was particular concern about the impact of any change on families with more than one child or who had incomes just above the entitlement to free school meals. Military families could be particularly badly affected as they are not able to claim free school meals. Many parents already faced higher travel costs because of the wider catchment area when they visited schools for parents' evenings, pupil performances and exhibitions. Parents made their contribution to the County Council's budget through their council tax. They also contributed through collections to help raise the 10% of capital that aided schools need to contribute to capital projects.

5.2 Concerns were expressed about the impact on the social and religious profile of denominational schools if free transport was removed. The schools could become more "middle class" if poorer families were not able to meet the costs of sending their children to the schools. This could also affect the ethnic mix within the schools as they currently attracted children from immigrant families from, for example, Poland or the Philippines. If rolls fell in the denominational schools this could put in jeopardy the ability of schools to sustain their curriculum and extra curricula work. Some were concerned that rolls could fall so extensively to lead to closures of denominational schools whilst new places were provided at other schools. It was envisaged that there could be a similar impact on bus routes. Withdrawal of some services by operators had already caused difficulties for some schools and families.

5.3 Attention was drawn to the performance of denominational schools and their contribution to the overall levels of pupil performance in the county. It was pointed out that non-catholics attended the catholic aided schools not just because of their academic performance but also because of the ethics of the schools. This success had been remarked upon by national politicians.

5.4 The potential impact on the environment of fewer children travelling to school by bus if free transport was removed was highlighted. Walking and cycling to school were not considered feasible for many because of the distances and possible dangers involved. Congestion would be increased particularly around some larger schools. St Peter's School in Winchester drew attention to their successful minibus scheme which met the requirements of their School Travel Plan and which they calculated could mean 48 more children would travel to the school by car if it could not continue to operate. In other areas, it was pointed out that the use by pupils of public transport helps to sustain and keep it available for other users.

6 Responses from other Local Authorities and Dioceses

6.1 There were replies from three of the Anglican dioceses and the Roman Catholic diocese of Portsmouth. The Portsmouth Anglican diocese favoured the retention of support for pupils receiving free school meals. The Guildford diocese was concerned about the impact on poorer families but recognised that the County Council was responding to those concerns in its options. The Winchester diocese did not comment in detail as none of its schools would be affected by the proposals. Replies were received from West Sussex, Dorset and Portsmouth local authorities. They all recognised the issues facing Hampshire. Portsmouth urged protection for those already receiving assistance with denominational transport.

6.2 The Portsmouth Roman Catholic diocese responded in detail. In particular the diocese pointed out that administrative law does require individual consideration of circumstances rather than the application of blanket policies. Arrangements are in place to ensure that such consideration is given to existing applicants for free home to school transport, so that particular and exceptional needs can be met. These arrangements would need to be extended if denominational transport policy were to be changed. The diocese welcomed the discussions with the Executive Member and looked forward to them continuing after the ending of the consultation period.

6.3 Members will have received some letters from the Headteacher and Chairman of Governors of Oaklands School claiming that the consultation process was seriously flawed; firstly because the option of no change was not specifically included in the consultation leaflet and secondly because parents of pupils at primary aided schools who were not receiving assistance but who might in the future when their children transfer to secondary school were not specifically included in the consultation. Both these points were responded to promptly when first raised. The consultation document allows respondents to agree or disagree with options to either change or modify current policy. As this report makes absolutely clear the vast majority of those responding do not wish the policy to change. The County Council has received letters from a wide variety of respondents who describe themselves as grandparents, aunts, uncles and former beneficiaries of the policy. Given the wide circulation of this consultation it is very likely that parents falling into the category described above have also taken the opportunity to make their views known. It should also be borne in mind that the Diocesan Liaison Panel when it met on 16 March 2006 minuted that the County Council's report was an "excellent paper" and "a thorough attempt to grapple with the issues".

7 Conclusions

7.1 It is clear that a large majority of those responding to the consultation do not wish the County Council to make changes to its current denominational transport policy. The consultation has been with those who directly benefit from the existing policy. In responding they have pointed out clearly a range of reasons why changes should not be made and the potential consequences of making these changes. Nevertheless the County Council is still faced with financial pressures on its home to school transport budget. Meeting these pressures means that resources have to be redirected from providing services to other children.

7.2 The major impact of any change in policy would be felt primarily by families sending their children to Roman Catholic Schools. This is reflected in the volume and level of response from Roman Catholic parents and schools. Further discussions have been held with the Bishop of Portsmouth and staff from the Diocesan Education Office to try and find a way forward. It is proposed that these discussions continue to develop a policy will be introduced for all new applicants seeking assistance with denominational transport from the start of the academic year 2007-8. The policy will introduce a charge but take into account the number of children in a family travelling to a denominational school and the level of family income. It is intended that this will provide assistance with transport to more than those in receipt of free school meals.

7.3 The proposal takes into account the concerns that have been raised about the potential impact of charging on less well off families. In doing so it enhances one of the options that was included within the consultations. It also continues to provide a substantial level of assistance with the transport costs of those who choose a denominational education for their children. Similar assistance is not available to those who send their children to other than their catchment area or nearest school. It should help to mitigate the impact on schools and the environment of the introduction of charges.

7 Financial Implications

7.1 It was estimated in the report to the PRC in January 2006 that over a six year period from 2007/8 the support for denominational transport would be reduced from £565,000 to £315,000 at constant prices if charges of £1 per day were introduced for all pupils other than those receiving free school meals. This includes £5000 extra as an estimated administrative cost of this approach. The impact on the budget will depend upon the level of change and the extent of enhanced remission from charges and will be calculated once the detail of the modifications are known.

8 Personnel Implications

Minor additional resources to administer applications and payments.

9 Impact Assessment

Proposals on this report will have an impact of some residents of Hampshire, but will protect the less well off from charges.

10 Crime Prevention Issues

No issues have been identified.

11 View of the local County Councillor

The proposals in this report have county wide implications.

Recommendation

That the Children's Services Policy Review Committee advise the Executive Member for Education on the adoption of a new denominational transport policy for new applicants from the start of the academic year 2007-8 based upon the introduction of charges but taking into account the number of eligible children in a family travelling to a denominational school and the level of family income.

Section D - Local Government Act 1972 - Background Documents

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extend in the preparation of this report.

Responses to the consultation from parents, other members of the public, dioceses, Headteachers, governors and other local authorities.

NB The list excludes:

1 Published works

2 Documents which disclose exempt or confidential information as defined the Act.