Concessionary Travel Applications Decision Maker

The appeals casework is demand-led depending on the number of appeals submitted each year by bus operators. The contract awarded for this work will cover appeals from 2024/25 to 2026/27, as well as a small number of remaining appeals from previous years. DfT have recently updated the reimbursement guidance and calculator, which may potentially lead to an initial increased number of appeals in 2024/25, and possibly 2026/27. DfT are also undertaking a review of the appeals process, in order to ensure that it is up to date and works as well as possible. The Decision Maker will be kept informed on any updates to the appeals process. We do not expect changes to the core requirement below.

5.2 The criteria required to be met for this contract are set out below. Bidders will need to demonstrate in their proposal examples of how and when they have employed these skills to enable the Department to assess the Decision Maker’s skills:

5.2.1 The Decision Maker will be required to analyse evidence submitted by bus operators and TCAs and to make a judgement that will determine the level of reimbursement due.

5.2.2 In reviewing the evidence submitted, the Decision Maker will need to be able to identify and resolve any legal issues raised.

5.2.3 The Decision Maker will be expected to familiarise themselves with the latest version of DfT’s reimbursement guidance and reimbursement calculator and make use of this alongside any other robust additional evidence provided by operators and TCAs.

5.2.4 Quality assurance of the Decision Maker’s analysis will be provided by DfT economists and lawyers.

5.2.5 Legislation gives the Decision Maker powers to hold an oral hearing to bring both parties to an appeal before them to give evidence, although it is at the Decision Maker's discretion whether to do so, as there is currently no obligation to hold an oral hearing.

5.2.6 For each appeal case, the Decision Maker will be required to complete a written determination report following quality assurance of the Decision Maker’s analysis and by DfT economists and lawyers. When a determination of an appeal is complete the Contract Manager will forward this document to both parties involved in the appeal.

5.2.7 The Decision Maker may be required to comment on revisions made by the Department’s officials to its reimbursement guidance and reimbursement calculator.

5.2.8 The Decision Maker may be required to suggest improvements to concessionary travel guidance and the appeals process, or to assist with any reviews of the guidance.

5.2.9 The Decision Maker may be required to attend meetings with external stakeholders. This could include reimbursement training and/or feedback sessions with local authorities and/or bus operators.

5.3 For accountability and consistency purposes, the Decision Makers will need to be nominated individuals. Proposals should therefore make clear which individual is being put forward for the role and provide relevant information with a Curriculum Vitae clearly showing the nominated person’s experience.

5.4 Under the current legislation, bus operators are required to submit appeals within 56 days of the commencement or variation of concessionary travel schemes in TCA areas. As concessionary travel schemes usually commence from 1st April each year, this means the volume of the appeals caseload for that year is usually known by 27th May. However, it should be noted that negotiations between both parties continue throughout the appeals process and often lead to agreement and withdrawal of the appeal before determination is required.

5.5 Based on past appeals volumes, we estimate that an experienced Decision Maker would take on average, between three and five days to complete a standard case. However, if the issues are complex, or the Decision Maker is new to the subject area, it may take longer to complete a case.

5.6 The appointed Decision Maker will receive the Department’s induction pack shortly after the award of the contract. The pack