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LGO - maladministration - whats the definition of maladministration?

(15 Posts)
bjkmummy Thu 04-Oct-12 12:47:23

ive got a long way to go yet with my battle with the lea - tribinual not to february but im sat here pondering really. The LA are clearly deliberately using every delay tactic they can to fight a change in my school placement - he is in school part time and we were assured a school place would be found. to date they have not even mentioned a school to look at - we have done all of the work.

anyway - one of the real issues is that the LA are refusing to accept our OT report - post review of statement they made no amendments hence why we are goingt o appeal on parts 2 3 and 4.

annual review was on 31st may. LA messed around and finally on 9th july announced they would get their own OT for balance - once they got that they would then move him (or so they say!!)

we argued that there was no need =- our report conclusive but heyho play it their way. tehy finalised the statement on 24th july and just upped his hours - pointless cost hes in school part time! we were assured that the report would be done as a matter of urgency

summer came and went - tribunal papers lodged. Their OT finally sees him on 13th sept - she tells me she will phone me the following monday but doesnt - all she says that she needs to speak to her manager first but he has definite needs.

here we are now at 4th oct - found out yesterday that teh OT was on leave this week and last week and the report has not been written yet - this hasnt come by the LA but by another source so we are looking still at quite a time before i get this report - im guessing end of oct at the earliest so thats 5 months whilst my son is at a school that cannot meets his needs etc

do you think such a delay in the LA getting teh report could be maladministration? the last letter from the LA a week ago said that they now do not put any urgency on getting these reports which is not what they were saying before plus they keep saying tehy wont decide his placement until tehy get it so leaving us in limbo! my private report was done and dusted within 2 weeks!!! also the OT the lea have used isnt even properly qualified in sensory intergration but keeping that to myself for now grin

StarlightMcKenzie Thu 04-Oct-12 12:51:00

Yes, but you need to pin each point to legislation if you can.

ArthurPewty Thu 04-Oct-12 14:08:23

Message withdrawn at poster's request.

ArthurPewty Thu 04-Oct-12 14:08:46

Message withdrawn at poster's request.

appropriatelyemployed Thu 04-Oct-12 14:17:25

Proving maladministration is very hard as the LGO will bend over backwards, even in cases where the LA has broken the law. It can be a very stressful process.

The LGO will also have expected you to go through the LA's complaints process.

Why not write to the Director of Children's Services confirming your concerns and setting a reasonable date for a report to be disclosed? You can say you will pursue the matter to the LGO if this unreasonable delay continues.

wasuup3000 Thu 04-Oct-12 19:05:29

You are best waiting until you have the result of the tribunal because LG won't want to deal with your complaint until then anyway.

Email the tribunal and explain whats happening with the OT report and request that they order the LEA to obtain either the NHS one or get an independent OT to produce one.

2tirednot2fight Thu 04-Oct-12 19:13:57

Bjkmummy could you phone Ipsea or SOSSEN for advice about the delay in getting the report? Does the tribunal timescale accommodate this delay?

wasuup3000 Thu 04-Oct-12 19:16:02

The tribunal can case manage 2tired and if they think reasonable order the LEA to produce the report or explain why they think another OT report is required.

2tirednot2fight Thu 04-Oct-12 19:23:30

That was what I was thinking wasuup and I thought that if the tribunal process was in agreement with the LA needing the report it is unlikely that there would be maladministration found but I am not an expert.

2tirednot2fight Thu 04-Oct-12 19:25:10

I was thinking that if there is a tribunal in February the timescales for evidence to be submitted would already be known.

Veritate Thu 04-Oct-12 22:27:26

I don't think the LGO will agree to get involved if the tribunal is already dealing with this. The tribunal must have set a deadline for filing evidence (presumably January if the hearing is in February?) but the directions they send out usually say that both sides must file evidence as soon as it is available. I suppose in this case the council will say that if the OT hasn't finished the report then it's not available, but if you haven't received it within say 10 days it could be worth asking the tribunal to order the LA to produce it.

bjkmummy Thu 04-Oct-12 22:39:07

i know that i could not get the lgo involved at this stage whilst the tribunal on going - im thinking ahead to afterwards. the LA have finally responded to my MP letter - they are looking at my school choice next week and will then decide.they have until the end of oct to respond to my appeal. im just frustrated at how long they drag things out. i knew it goes on as i see it on the board all the time but never thought it would happen to me. hopefully they will agree to school placement - i have my ed psych booked on 12th nov so could do with knowing so i can if necessary cancel and save a very large sum of money

appropriatelyemployed Thu 04-Oct-12 23:14:06

There's nothing to stop you complaining about the delay to our LA irrespective of whether the Tribunal is dealing with this or you are making an LGO complaint.

LA complaints processes are often overlooked (for good reasons) but it can be a way of getting things moving and getting answers to questions.

The LGO will always try and use the existence of a Tribunal as an excuse not to get involved. Try another track.

wasuup3000 Thu 04-Oct-12 23:56:02

I have a similar case to this ongoing atm - http://www.lgo.org.uk/news/2012/aug/haringey-council-delayed-boy-statement-special-educational-needs/

wasuup3000 Thu 04-Oct-12 23:57:45

www.lgo.org.uk/news/2012/aug/haringey-council-delayed-boy-statement-special-educational-needs/

I had to ask the LGO to look at it again after the tribunal had taken place.

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