Learner Travel (Wales) Measure 2008

14 Enforcement of travel behaviour code: withdrawal of travel arrangements

(1) This section applies to learners for whom travel arrangements are made under section 3 or 4.

(2) The local authority may withdraw travel arrangements made for a learner if—

(a) the authority is satisfied that the learner has failed to comply with the travel behaviour code made under section 12, and

(b) the following conditions applicable to the learner are satisfied.

(3) All six of the following conditions apply to any learner who is a registered pupil at a relevant school.

(4) The first, third and fourth of the following conditions apply to any learner who is not a registered pupil at a relevant school.

(5) The first condition is that before any decision is taken to withdraw travel arrangements—

(a) the learner and the parent of the learner are given the opportunity to make representations, and

(b) those representations are considered by the local authority.

(6) The second condition is that the head teacher of the relevant school at which the learner is a registered pupil—

(a) is consulted about the decision to withdraw travel arrangements; and

(b) is given notice of the decision at least 24 hours before the withdrawal takes effect.

(7) The third condition is that the decision to withdraw travel arrangements is reasonable in the circumstances.

(8) The fourth condition is that the local authority gives notice of the withdrawal of travel arrangements to the learner’s parent at least 24 hours before the withdrawal takes effect.

(9) The fifth condition is that the period of withdrawal does not exceed 10 consecutive school days.

(10) The sixth condition is that the period of withdrawal would not result in the learner having travel arrangements withdrawn for more than 30 school days in the school year in which the withdrawal takes effect.

(11) In determining whether a decision to withdraw travel arrangements is reasonable for the purposes of subsection (7), the following matters in particular must be taken into account—

(a) whether the period of withdrawal is proportionate in the circumstances of the case,

(b) any special circumstances relevant to the withdrawal of travel arrangements which are known to the local authority (or of which the authority ought to be aware) including in particular—

(i) the learner’s age,

(ii) any special educational needs the learner may have,

(iii) any disability the learner may have,

(iv) whether the learner would lose an opportunity to take a public examination, and

(v) whether suitable alternative travel arrangements can reasonably be made by the learner’s parent.

(12) A notice under subsection (6) or (8) must be in writing and specify—

(a) the period for which travel arrangements are to be withdrawn, and

(b) the authority’s reasons for withdrawal of the travel arrangements.

(13) For the purposes of this section and section 17, a “relevant school” means—

(a) a maintained school,

(b) a pupil referral unit, or

(c) a non-maintained special school.

(14) Regulations may—

(a) amend or repeal either or both of subsections (9) and (10);

(b) make provision for reviews of decisions under subsection (2);

(c) make provision for appeals from decisions under subsection (2).

(15) Regulations under subsection (14)(c) may in particular—

(a) specify the categories of person who may appeal;

(b) specify the circumstances in which appeals may be made;

(c) provide for the constitution of appeals panels;

(d) provide for appeal procedures;

(e) make provision about the effect of appeal decisions;

(f) provide for the payment of allowances to members of appeals panels;

(g) require the provision of information about appeals.