To go nuclear about this and to hell with the consequences?!

[RamblingAroundTheInternet]

To accuse a government legal body and local government organisation of corruption. I have been advised by 3rd parties this is what it is and it's pretty blatant. I will voice as 'concerns' but it will be obvious what I am accusing them of.

I am aware it won't change the outcome as we will lose the case anyway (final hearing still pending).

Slightly concerned about legal consequences to myself (can I be sued?) but I haven't got any money anyway so it's not like they will be able to get anything out of me.

Case is related to my DC and I have fought so long. To lose at the final hurdle because the case had been deliberately delayed is so unjust.

Planning to contact government ministers (from both parties) and related government organisations so at least it will have to be investigated.

AIBU or do I sound nuts?

I feel like I’ve read something like this before.

I doubt it's being deliberately delayed.....courts are in a mess and dates are constantly being changed and moved around

Shortages. Strikes.

And if you plan to 'go nuclear and to hell with the consequences' then how would that help your kid?

And why no legal representation for this display of nuclear proportions?

I knew it would be a bunfight over a SEN provision.

I didn't want to just read and run. I'm so sorry you're going through this. I would probably hesitate to suggest it's corruption, but I agree that the whole system is set up to make life easier for the LA and not the family.

I've got two DC with SEN, one who needed specialist provision. I could give you several names of children in our LA who haven't been able to get a suitable provision. I wish your story was the exception or unusual, but those of us within the SEN community know that it isn't.

All I would say is think very carefully about what you want to allege, and what proof you have. Being dismissed as a hysterical parent won't help your cause.

I think you should focus on the fact that the decision is being made based on cost, and not suitability. Can you get a written statement from your preferred option agreeing that they can meet needs? Also, have you tried IPSEA for support and advice.

Solidarity OP. The whole system is woeful and so many of our SEN kids are being desperately failed.

Odd that the hearing (normally only one) was originally scheduled for last June but was postponed to December a week before the date,

I complained as DS had no provision and should have been prioritised. It was admitted he hearing was postponed in error (even though I was clear on the appeal form that DS had no provision) and was rescheduled for October when conveniently our preferred provision was already full for last year.

For this forthcoming 4th hearing, the Judge requested dates for May/June. The dates the Local Authority offered the Judge said he wasn't available for any of them. I requested another Judge take the case or it be heard on paper (there is loads of paper evidence) due to it's time sensitivity but was ignored.

The only thing to determine is if our preferred provision is suitable as the LAs provision has already been ruled not.

I have been told it's certainly not normal to have multiple further hearings over almost a year from the first one.

I know of two other appeals which were lodged after mine and have had decisions.

OP

I have a friend going through this, and I honestly think it is going to become a national scandal. Her council encourage people to put in complaints because it delays the process by up to 6 months, they also force you to go to court and generally it never gets to the date because they concede with two weeks to go and this is assuming the parents have the money to take it to court. Which many don;t.

Its fucking disgraceful and I was also completely unaware of it till my friend started her process and the longer it goes on the worse it seems to get, I have no words of advice for you, I wish I did

If it's to do with court dates then you're on a hiding to nothing.

Justice delayed is justice denied, everyone aknowledges this but everyone is in the same boat.

My kid has already been shafted as we are going to lose this 18 month appeal and he'll be left with no suitable education for the 3rd year running.

If we lodge another appeal it'll take at least a year at least to be heard at current timelines and his EHCP will run out before he can complete the programme we have identified for him at the provision we have requested which is a 4 year programme.

This charity might be able to match you with a barrister offering free representation
https://weareadvocate.org.uk/

Have you actually contacted your local MP about this? From what it says on the website when I have written to mine about various matters, it's pointless trying to contact MP's from other areas, as they won't have any clout with YOUR local government, but if you search for your local one, and write them a letter or alternatively, book an appointment to see them in person, armed with every bit of information that proves that your DS is being let down due to cost rather than suitability, you may well find that you get some real support. Failing this, I'd try the media, but as another poster said, being careful to say things like 'it seems like' or 'I get the impression that' my DS is being discriminated against due to cost rather than lack of suitable provision, and be careful not to actually accuse specific people or name names, unless you have any actual proof, as you really don't want a law suite being slapped on you! Good luck OP, this must be incredibly frustrating for you, but do keep up the fight, your DS is worth it!

You can't ask your MP to contact other random MPs but you can ask them to contact relevant secretaries of state on your behalf and they are obliged to do so.

Contacting the media is a whole other ball game. Occasionally it's helpful but ususally not.

Do not lose sight of your child's best interests.

Personally, I would go down the official complaints process, and keep escalating until you can make a complaint to the LGO.
It's worth checking LGO cases in your area via the website beforehand to see the outcome of similar cases to yours.

My DS was left without an official provision - our case had to go to a specialist panel, with the local ATS team heading it up.

When the panel date finally came up, they realised that my son's enormous case file didn't have an ATS report because the ATS officer hadn't realised they needed one. Despite the fact it was their own requirements, and their own panel. Apparently despite the vast amount of evidence from other professionals including a paediatrician, speech therapist, occupational therapist and educational psychologist, his case couldn't be seen without a report from an ATS worker who would have seen him once for 20 minutes. It sounds too ridiculous to be true.

My son's case couldn't go to panel and he lost the place at the provision as the next two in the queue were jumped ahead of him.

There are so many stories like yours OP. And I don't mean that dismissively. It's appalling.

However, I do think that it's a combination of a) abject incompetence and b) a shitty system that doesn't prioritise the well-being of the child.

I don't think there's some deep-rooted conspiracy or corruption. They're just apathetic and the system is not fit for purpose.

A system introduced by a Tory government and broken by a Tory government, just so you’re clear on what to do about it in the long run.

Rather than calling you “nuts”, I think it would be fairer to say you sound desperate and are grasping at straws. But these are very much straws.

Nothing you mention sounds at all like corruption. Scheduling around barrister availability is totally standard. Courts are overloaded and last minute cancellations and rescheduling are not really uncommon.

The court is supposed to give the local authority opportunity to find provision that fits all the local authority’s responsibilities, including good use of resources and give you a platform to challenge the decisions. That’s what they are doing.

The system isn’t working for you but it’s because the system is bad, not because there is collusion between the courts/ judge and the local authority to go against the law. The court system is slow and bureaucratic. SEND options are insufficient, especially for complex needs, and money is tight so unusually expensive options will require scrutiny because local authorities have to ensure good use of resources. But no one, except parents, seems to have any concept of the need for timeliness and the damage done by delays.

EHCP’s do not run out.

They last until children are 25 unless the LA chooses to cease to maintain.

You've misunderstood a lot of the process and legalities, there’s too much to actually address.

I suggest you reach out to sendias as a starting point who may be able to explain all of this. Or spend a lot of time reading IPSEA’s website.

Because unfortunately in the world of Sen it’s very common

Op said adult son so possible he will be 25 in 4 years

None of that sounds like corruption; very probably a bad system and reaching the wrong conclusions but not corrupt

I read OP as saying that her son is approaching an age where a course lasting 4 years will mean he ages out of EHCP eligibility before the course is finished!

I know there is case law that says EHCP provision that started before the age of 25 must continue until the day before their 26th birthday, I read something about it the other day.

I think perhaps the LGO can't look at this case as don't they refuse to investigate anythung once it's at tribunal stage already? Because LGO is meant to be a last resort once all other avenues have been exhausted, and if you're waiting for a tribunal, you have an alternative means of resolution.

It's a disgrace tho @RamblingAroundTheInternet and I'm so sorry you're going through this. I think you should try and find some legal representation somehow.

OP I've been to hell and back for my ASD son too and I know how desperate you feel. And yes it often feels like the whole world is colluding against your child. The whole system is fucked.

Don't go ballistic and start throwing around accusations.
Get all the legal advice you can from people who really understand this buggered up SEND system and just keep fighting. What else can you do?
Use all of the complaints processes. Keep the pressure up. Get the MP involved.
I've just been through a very tough time regarding my son's last placement. Horrific problems. I had to hold my nerve and battle on for months - but I won.
You can do it. Keep going.

They sound useless and unhelpful, but there doesn't appear to be any corruption so I wouldn't go posting that as you will just look silly.

I can see one major issue, the provision you want has said they can't meet need. As a guess, they are totally independent (as sounds like adult provision not "school"). An independent provision can't be forced to accept.

If they are a charity and you believe acting in a discriminatory way, you could look at complaint to charity commission.

The whole system is a mess. I don't know how priority works once over compulsory school age/ver 18 and not having provision. However, if provision saying no, it can't be a hearing on paper, if wholly independent as they have to agree to be named (can't be forced and tribunal can't determine they have discriminated by saying no), unlike a state funded or other recognised setting can be forced.

'Going nuclear ' risks you just being branded as a conspiracy theorist and dismissed. Get yourselves proper legal advice and representation (it's worth investing in this, it's your child's education and future) and write to your MP.

I remember reading one of your previous threads and feeling that you've definitely been mucked about. Your LA, by the sounds of it, are inefficient but I've no idea how these things work.

Try and get the media involved - all the points you've raised here. Don't rant on about corruption or you'll lose any credibility you have.