North Yorkshire Council has been accused of “playing dirty” over its handling of home-to-school transport appeals.
Campaigners have been threatening to file an official complaint.
Dozens of parents have lodged appeals after being refused a bus pass due to controversial new rules which only allow free transport to a child’s nearest school, rather than eligibility being based on the catchment system.
The second stage of appeals is a hearing in front of a panel of councillors.
At the first hearings which took place this summer, parents were allowed to have a representative who could ask and answer questions on their behalf.
But this right was removed ahead of this week’s hearings, with parents only being told about the change when they attended their appeal.
The School Transport Action Group (STAG), which was formed to fight the policy change, said the move undermined trust and fairness in the process.
A spokesperson added:
“North Yorkshire Council now appear to be changing the rules as they go along – even if that means tampering with parents’ legal rights and undermining democracy itself.
“The council is playing dirty and setting itself up for an official ombudsman complaint.”
STAG said the Department for Education’s appeals code made it clear that parents’ representatives had a right to take part fully in the hearings.
The group is calling on the council to allow parents to have full representation in future.
Meanwhile, families have described the appeals process as “traumatising, humiliating and unfair” with many emerging in tears.
Swaledale farmer Ian Reynoldson, attended an appeal for his son with his wife and chosen representative, Richmond councillor Stuart Parsons.
He said:
“I don’t think the council realise how stressful this whole process is for families.
“It’s nerve-racking enough, but then to walk in the room and be told the rules had changed felt like having the rug pulled from beneath our feet.
“It was no surprise our appeal was rejected. They had loaded the dice in their favour from the start.”
Cllr Parsons said:
“North Yorkshire Council did not communicate the changes to anyone attending on Monday and so we were stunned to learn that there was, apparently, no point in supporting our residents during an already fixed process.
“The council should apologise, re-start the process and allow all residents the right to a fair and open hearing.”
Councillor Peter Lacey, leader of the Liberal Democrat group on the council, said:
“These new restrictions, made behind closed doors with no warning, mean parents in North Yorkshire have fewer rights than families elsewhere.
“It is illiberal and wrong.”
In response to the criticism, chair of the home-to-school transport appeals committee, Cllr Robert Windass, said committee members were working hard to ensure that all requests are heard within the required timeframes.
He added:
“We want to reassure parents and carers that each appeal is given appropriate time and attention, with hearings lasting approximately one hour.
“People are given the opportunity to expand on their written submissions and ask questions during the hearing.”
Cllr Windass said parents were welcome to bring someone to support them, including their local councillor.
However, he added:
“To ensure we can accommodate as many appeals as possible while maintaining a fair and thorough process, we have reviewed how meetings are held and considered local practices regarding support during hearings.
“This is not a change in policy, but rather the committee chair exercising discretion to help manage the increased workload.”
The councillor said the approach was in line with Department for Education guidance, which he said stated that it was for local authorities to determine how their appeals process would operate.
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