Agenda Item No
The Vale of Glamorgan Council
Cabinet Meeting: 25th March, 2009
Report of the Director of Environmental and Economic
Regeneration
School Transport: WAG Consultation on the Learner Travel
Operational Guidance
Purpose of the Report
1.
To advise Cabinet on the consultation exercise undertaken by the
WAG in respect of the Draft Learner Travel Operational
Guidance.
Recommendations
1.
To endorse the Council's response to the WAG Consultation Document
in respect of the Learner Travel Operational Guidance as detailed
in Appendix
A attached to this report.
Reasons for the Recommendations
1.
To enable the Council to advise the WAG on comments that may be
incorporated into any subsequent updated document.
Background
2.
The Learner Travel (Wales) Measure 2008 ("the Measure") was passed
by the National Assembly for Wales in September 2008 and had
subsequent Royal Assent in December 2008. The Guidance is
planned to be effective from September 2009. The Guidance is
issued under Section 15 of the Measure and is statutory, except in
respect of vehicle standards where Welsh Ministers do not have the
necessary powers to issue statutory guidance.
Relevant Issues and Options
3.
The Measure aims to achieve a consistency of approach and
application in respect of school transport provision across
Wales. Its main provisions are:
·
To provide from September 2009 free transport for primary school
children living 2 miles or further from home to the nearest
suitable school. The Vale of Glamorgan Council already
applies this more generous mileage criteria.
·
To require local authorities to specifically assess and meet the
needs of "looked after" children.
·
To require local authorities to promote access to Welsh medium
education.
·
To provide the means to make provision at a later date for travel
in relation to entitlement in nursery education and post 16
students.
·
To place collaboration between authorities and school, further
education providers and environmental sustainability at the core of
planning and delivery of travel arrangement.
·
To facilitate common standards across Wales for behaviour and
discipline for those travelling to and from their place of learning
and to clarify enforcement arrangements. (Note there will be
a further consultation exercise on this issue in due course).
·
To provide local authorities with the power to change school
session times if that can help make transport arrangements more
effective, efficient or environmentally sustainable and
·
To enable Welsh Ministers to issue directions and statutory
guidance.
4.
There is also reference to the requirement to discuss school
transport arrangements with the regional consortia (Sewta in our
case) to ensure that proposals are consistent with policies set out
in the Bus Strategy. This requires clarification as Sewta
does not see school transport as part of its remit.
Arrangements should also fit with other transport responsibilities
of the authority such as the provision of socially necessary bus
services.
5.
Contained with the detail of the Operational Guidance are a number
of requirements that need comment and further clarification.
These are summarised below:
·
Local authorities need to ensure that travel arrangements do not
cause unreasonable levels of stress, take an unreasonable amount of
time or are unsafe. This is guidance is not specific
enough. What is an "unreasonable" level of stress? The
Measure does not specify a time limit for journeys but it does say
that Welsh Ministers consider that journey times should be no more
than 45 minutes for primary school travel and 60 minutes for
secondary school travel (other than where exceptional circumstances
affect the operation eg road works). The Vale of Glamorgan
currently has one primary school service where the running time
allowance from start to finish is in excess of 45 minutes (P98 Wick
to St Helens Roman Catholic Primary School 57 minutes). There
are two secondary school buses that exceed 1 hour and both of these
run to the Bishop of Llandaff Church in Wales Secondary School in
Cardiff. Additionally there are two services to St Davids VI
Form Roman Catholic College in Cardiff where the overall journey
time again exceeds one hour. Further, the dispersed nature of
the population in rural areas will, in many cases, inevitably lead
to quite long journey times for some pupils, unless a whole range
of additional dedicated taxis are provided with inevitable
financial implications.
6.
There is reference in the Guidance to the fact that a walking route
should be via the shortest available route and that a child would
only need to be accompanied if the age of the child would call for
an escort. The assessment of the route does not make
reference to the established practice of using the LARSOA (Local
Authority Road Safety Officers' Association) guidance. There
is also mention that "we would not expect a child to walk along a
route that does not have a footway for pedestrians". However,
it does concede that in some areas, particularly rural ones, a
route is safe even though it does not have a dedicated footway.
7.
The Measure also states that if a child has more than one home, as
in the case of say divorced parents then transport will be provided
for both addresses. A "parent" in this Measure includes any
person who is not a parent but who has parental responsibility or
who cares for the child. At the moment the Council's School
Transport policy only provides transport from both places of
residence if joint custody of the child has been granted through
the Courts. This principle should be retained or extra
funding made available to local authorities if the WAG consider
that this requirement should be retained. Additional
clarification is required as to how far is transport expected to be
provided as one address may be in a neighbouring authority or
indeed even at great distance.
8.
The Guidance encourages cooperation with neighbouring local
authorities in respect of school transport provision. It also
puts emphasis on sustainability and encouraging pupils to travel by
bus where available. It encourages schools to develop school
Travel Plans and to develop more sustainable travel choices.
This could put pressure on the authority to provide additional bus
services on a discretionary basis (where the pupils may not be
entitled to transport by virtue of distance but may wish to use a
fare-paying bus). This would have budgetary implications and
extra funding needs to be provided.
9.
Some emphasis is placed on robust monitoring and evaluation
procedures to ensure that requirements set out in the contracts are
met. Contracts should be monitored by spot checks, visits to
schools and operators, and by investigation of feedback from
schools, pupils and parents. Reference is also made to
importance of comfort of school buses with the possible inclusion
of video equipment to keep pupils entertained and reduce problem
behaviour. This again will have additional financial
implications.
10. Emphasis is also
placed on the need to undertake joint risk assessments (between
local authorities and the school) and to ensure appropriate levels
of supervision of areas where pupils board and all light
vehicles. There may need to be clear road markings,
segregation of pedestrian and vehicles and where roads need to be
crossed, safe crossing points. This again is likely to have
cost implications. A separate report will consider home to
school risk assessments in more detail given that this is part of a
separate consultation exercise.
11. In order to minimise
the possibility of overcrowding on buses season tickets (with
photographs) are being recommended which the Vale already issues to
all eligible pupils. However, there is currently only one
school (Llantwit Major Comprehensive) that have photographs on the
passes, all the others have names but no photos. To extend
the photo trial to all Vale schools (currently there are
approximately 3000 pupils being carried) would have a cost
implication and staff time. Again this would need to be
funded.
12. The Guidance is also
recommending that transport arrangements should take into account
the need of pupils to carry musical instruments or large items of
sports equipment to and from school. Pupils should not be
discouraged from pursuing these interests because of the difficulty
of travelling with such items. This is a somewhat idealistic
view even if desirable. In some cases there may be a need to
procure a larger vehicle to provide sufficient capacity to carry
these items. This would have a cost implication and may be
impractical because at the time of procuring the transport we would
not know when and if additional capacity would be required.
13. The Guidance also
makes it clear that the WAG is not in favour of the use of double
deck buses for school transport. If they are used then WAG
expects them to be of the highest safety specification with CCTV,
seat belts etc. This effectively means modern double deck
vehicles. This Council currently procures eight double deck
vehicles (to provide sufficient capacity) on secondary school
contracts. There would be financial and potentially
environmental implications in providing (more) single deck vehicles
in order to provide sufficient capacity.
14. To summarise, the
operational Guidance, whilst aspiring to improvements in school
transport provision, seems to lack an understanding of the
practicalities of school transport and in certain areas is
idealistic e.g the provision of on-board video equipment to keep
pupils entertained and reduce problem behaviour. There should
be an acknowledgement that the Measures will have significant
financial implications that need to be properly funded by the
WAG. This will also include staff resource implications -
increased monitoring of school services, together with risk
assessments, can not be accommodated in this Authority within the
existing staffing levels. This is not to say that the
guidelines in this respect are flawed but it needs to be
acknowledged that there will be staff implications.
Resource Implications (Financial and Employment)
15. There are no
immediate financial implications. However there is a
potential for a significant increase in resource requirements if
this Guidance is adopted both in respect of direct financial and
staffing implications for the authority.
Legal Implications (to Include Human Rights Implications)
16. The Learner Travel
(Wales) Measure 2008 was passed by the National Assembly in
September 2008 and had Royal Approval in December 2008. The
Measure replaces provisions applying to Wales in Section 509,
509AA, 509AB, 509AC and 509A of the Education Act 1996 (as amended)
in relation to the Provision of Transport for Children and Others
Receiving Education and Training at Schools and Other
Institutions.
Crime and Disorder Implications
17. School transport
assists in the provision of a safe way for pupils to travel to and
form school.
Equal Opportunities Implications (to include Welsh Language
issues)
18. School transport is
of particular importance to users and helps in promoting
independence at an early age.
Corporate/Service Objectives
19. The provision of
school transport supports sustainability and links with the
Council's objections for social well being and tackling
disadvantage.
Policy Framework and Budget
20. This report is a
matter for Executive Decision by Cabinet.
Consultation (including Ward Member Consultation)
21. No Ward Member
consultation has been undertaken as the report has implications for
the whole of the Vale of Glamorgan rather than for specific
wards.
Relevant Scrutiny Committee
22. Economy and
Environment.
Background Papers
WAG Consultation Document on Draft Learner
Travel Operational Guidance.
Contact Officer
Ceri Edwards - Transportation Officer - 01446
704687.
Officers Consulted
Legal - Committee Reports
Education - Principal Officer
Senior Group Accountant
Responsible Officer:
Rob Quick - Director of Environmental and
Economic Regeneration.