If you’re not happy with a decision about your child’s home to school transport, you have the right to challenge the decision. This is done in 2 stages.
You can challenge a decision if you feel that:
- the Home to School Transport policy hasn't been applied correctly. For example, you disagree with the mode/method of transport provided for your child.
- you have compelling reasons to justify making an exception to the policy. For example, your child is not eligible for home to school transport but you believe your individual circumstances are so exceptional that transport should be provided.
All other issues regarding transport must be pursued through the complaints procedure.
Stage 1 – Discretionary Transport Panel
If you want your case to be considered, you can ask for it to be reviewed by the Discretionary Transport Panel.
Email us your discretionary request within 4 weeks of receiving the letter explaining your transport decision.
Please don't send us information where third parties can be identified (e.g. other children's names or photographs).
If you need to include information about other people, you will need to send us written consent from the individuals or families involved.
When you send us your information as part of a home to school transport appeal, you are sending your information to Hertfordshire County Council (as the Data controller).
This information is gathered and will be processed for the purpose of processing your home to school transport appeal. Hertfordshire County Council will use this information to ensure all contacts (including calls, emails, and online contacts) are managed effectively to log, record and administer the statutory school appeals service and to give the best customer service possible.
Hertfordshire County Council is obliged to collect and process this data under the School Standards and Framework Act 1998, Admissions code 2014 and Appeals code 2012.
The information you give us will be held by the Appeals team of Hertfordshire County Council.
It will be shared with schools and independent appeal panel members.
We will also share information with third parties if we are legally obliged to do so, for example if it necessary to safeguard or protect a child.
We may also share information with the police or other agencies if it is necessary for the following purposes:
a) the prevention or detection of crime
b) the apprehension or prosecution of offenders
c) the assessment or collection of any tax or duty or any imposition of a similar nature
The information that you supply to us will be kept on file for 25 years. For more information, including how to remove your data, visit our website privacy policy.
Your request should...
- explain why you believe the transport decision should be reviewed
- include details of any personal or family circumstances you wish to be taken into account when the decision is reviewed and professional evidence supporting those circumstances.
Within 4 weeks of receiving your request, a panel of officers will review the original decision taking into account the circumstances you have outlined, and will write to you explaining the outcome of the transport review.
The panel will send you their decision in writing within 1 week of the decision being made.
If your request is unsuccessful, you may have the opportunity for your case to be considered by a Transport Appeal Panel.
Email schooltransport@hertfordshire.gov.uk to ask to appeal within 4 weeks of receiving the Discretionary Transport Panel outcome letter.
Discretionary panels only agree short-term transport for a specific amount of time, usually for no more than a term. If you want transport arrangements to continue for longer, you must reapply at least 2 weeks before the end of the agreement.
Reconsideration of cases
The Discretionary Transport Panel’s decision is final and concludes Stage 1 of the appeal process.
Discretionary Transport applications will only be considered once within the same academic year. A rejected application will only be reconsidered on the following grounds:
- If there has been a significant and exceptional change of circumstances since the original application was considered by the Discretionary Transport Panel. An example of this could be a newly diagnosed medical condition that was not previously in existence.
- If new evidence is disclosed which was not reasonably available at the time of the original Discretionary Transport Panel hearing. An example of this could be a medical condition that has changed significantly since the original Discretionary Transport Panel.
The Discretionary Transport Panel will only reconsider a case within the same academic year if one or both of the above grounds apply.
If the Discretionary Transport Panel accepts an exceptional change of circumstances, the case will be reheard at Stage 1 of the appeal process and the applicant will be notified of the outcome in writing.
Stage 2 – Transport Appeal Panel
This is an independent panel made up of managers who have had no previous involvement with your case. These appeals will be online via Microsoft Teams.
You can only appeal to the Transport Appeal Panel once your application has been considered and rejected by the Discretionary Transport Panel.
You have the right to appeal to the Transport Appeal Panel if:
- your child is refused free home to school transport
- you disagree with the method of transport offered.
Email us to appeal the decision.
Please don't send us information where third parties can be identified (e.g. other children's names or photographs).
If you need to include information about other people, you will need to send us written consent from the individuals or families involved.
When you send us your information as part of a home to school transport appeal, you are sending your information to Hertfordshire County Council (as the Data controller).
This information is gathered and will be processed for the purpose of processing your home to school transport appeal. Hertfordshire County Council will use this information to ensure all contacts (including calls, emails, and online contacts) are managed effectively to log, record and administer the statutory school appeals service and to give the best customer service possible.
Hertfordshire County Council is obliged to collect and process this data under the School Standards and Framework Act 1998, Admissions code 2014 and Appeals code 2012.
The information you give us will be held by the Appeals team of Hertfordshire County Council.
It will be shared with schools and independent appeal panel members.
We will also share information with third parties if we are legally obliged to do so, for example if it necessary to safeguard or protect a child.
We may also share information with the police or other agencies if it is necessary for the following purposes:
a) the prevention or detection of crime
b) the apprehension or prosecution of offenders
c) the assessment or collection of any tax or duty or any imposition of a similar nature
The information that you supply to us will be kept on file for 25 years. For more information, including how to remove your data, visit our website privacy policy.
If you’re unsuccessful in your request for transport at Stage 1 – Discretionary Transport Panel and decide to request a Stage 2 – Transport Appeal, all the additional information you provided for consideration at the Discretionary Transport Panel will be included as part of the appeal paperwork that is prepared by Admissions and Transport.
How the appeals process works
The transport appeals guide for parents (PDF 148kb) explains in more detail how the appeals process works and how panels make their decisions.
You'll need to provide written evidence to support your case e.g. a letter from a doctor or consultant to explain your child's condition.
You can also attend the hearing to present your case to the panel.
The panel will take into account:
- the relevant Hertfordshire transport policy
- information provided on the transport appeal form, together with any accompanying evidence
- any verbal representations made at the hearing
- the written case put forward by an admissions and transport team representative.
If you're unhappy following an appeal
The decision of the transport appeal panel is final.
When you receive the decision letter, if you consider that there has been a failure to comply with the procedural rules, or if you feel there are any other irregularities in the way your appeal was handled, you may have a right to refer the matter to the Local Government Ombudsman for further investigation. This is not a further right of appeal.
Further information is available at the Local Government Ombudsman (LGO) website.
See previous years' transport appeal statistics