Commissioner finds council failed to comply with Welsh language standards when consulting on school transport policy

The commissioner received a complaint from a member of the public that Bridgend’s document on changing school transport policy failed to take into account the impact of the proposals on the Welsh language, contrary to the Welsh language standards.

It said Bridgend had carried out a Welsh language impact assessment in March 2024 but although this preceded the consultation it was not shared with the public or included in the consultation document.

“As a result, the council's considerations of the potential impacts of the proposals on the Welsh language were not presented as part of the consultation,” the commissioner’s report said.

This meant the public lacked sufficient information about the council's assessment to enable them to respond meaningfully to questions about the Welsh language.

The complainant contacted the council three times and was told there was no legal duty to publish the assessment alongside the consultation.

An officer said the council thought its duties had been met by including specific questions in the consultation response form on the Welsh language.

But the commissioner said the consultation did not include any discussion, of the possible effects of proposals on the Welsh language, or of how the proposals could be revised to mitigate adverse consequences.

Many proposals - such as removing transport for nursery pupils and post-16 learners - had “the potential to have a significant impact on the choice of families in terms of Welsh-medium education”, but based on information in the consultation document alone, it would be impossible for stakeholders to understand the scale or nature of any potential impact.

The commissioner said it was “very disappointing” that this followed two earlier reports in which Bridged had been criticised, and “despite receiving evidence that the council had implemented the enforcement actions imposed previously, this investigation demonstrates that the council has not ensured continued compliance when formulating consultation documents, and suggests that there are not sufficiently robust measures in place at present to prevent similar failures from arising again”.

Bridgend was told to update internal guidance on formulating consultation documents to ensure it includes conscientious consideration of the impacts of all policy proposals on the Welsh language in the relevant consultation document itself, and to produce a specific guide on the type of data, analysis and explanations that can be provided.

It must also provide mandatory training to all staff concerned on how to undertake a conscientious consideration of the Welsh language and carry out various other actions to improve matters.

“Should you fail to comply with any requirement within this decision notice, the commissioner may apply for a county court order requiring you to comply,” the commissioner warned.

Bridgend has been contacted for comment.

Mark Smulian