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Medway Council pressured into compensating parents for school travel payments

A Kent council has been pressured into compensating a number of Medway parents for school travel payments, amounting to around £70,000-a-year.

Up to 20% more pupils in the north Kent division could now be eligible for financial support from Medway Council following a major policy change.

Medway Council leader Alan Jarrett described the reform as "pragmatic"
Medway Council leader Alan Jarrett described the reform as "pragmatic"

Travel costs will now be covered for parents who have applied for the nearest school at the time of their original application, regardless of preference rank.

The local authority's Conservative cabinet made the decision on Tuesday after a lengthy dispute with the Local Government Ombudsman (LGO), who had been complaining about the authority's home to school transport policy since 2016.

Council leader Alan Jarrett (Con) described the reform as "pragmatic" as the policy changes were unanimously agreed by his eight colleagues during a virtual cabinet meeting on Tuesday.

Cllr Martin Potter (Con), cabinet member for education on Medway Council, said: "We have done a lot of work to reach a satisfactory position and this is the right way forward."

However, Cllr Clive Johnson (Lab), shadow member for education, described the delayed decision as "disappointing" given the "inevitable" policy change following the LGO intervention.

"The council's delay has made the situation particularly worse at a time of extreme financial pressure due to the pandemic."

In December 2016, a Medway case was brought to the attention of the LGO - a public body whose role is to remedy injustice and help improve public services.

A mother from the Towns had chosen to send her daughter to a school which was not her nearest qualifying one and asked for cash support from Medway Council, but was unsuccessful on appeal.

Councillors said the pupil would not have been given a place at her nearest school, even if her parents had chosen it, according to the LGO.

In May 2019, the LGO publicly criticised Medway Council for "failing" to review its home to school transport policy. LGO chiefs said this was unlawful.

At the time, Michael King, local government and social care ombudsman, said: "I hope the council will now carry out the actions it agreed following my earlier investigation, and provide the remedy I have now recommended to ensure other children in its area are not disadvantaged by its incorrect policy."

Last year Michael King, from Local Government and Social Care Ombudsman, criticised Medway Council
Last year Michael King, from Local Government and Social Care Ombudsman, criticised Medway Council

However, Medway Council said it agreed to pay for the girl's bus travel costs - from September 2017 onwards - because the school she attended was now the nearest one after an old footpath came back into use.

But, the LGO said Medway Council needed to reimburse the family for the fees they had incurred between September 2016 and September 2017, along with interest on transport costs, which amounted to £775.

The ombudsman recommended the parents receive an extra £100 due to the "injustice" of a delay to the original cash settlement. Medway Council agreed to do this last September after seeking legal advice.

Consequently, Medway Councli's cabinet decided to change its school travel policy on Tuesday to prevent a similar incident happening again.

It means some families can now claim compensation, with around £70,000-a-year having to be paid out by the council.

Cllr Johnson added: "The council's delay has made the situation particularly worse at a time of extreme financial pressure due to the pandemic."

Medway Council was asked about the total number of pupils now eligible for reimbursement, but a spokesman said the data is not available at this time.

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