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?

There have been instances where the processes leading to funding cuts (e.g. Equality Impact Assessments) have been distinctly dodgy in legal terms, leading to legal challenges. LAs have been conspicuous by their absence when it comes to supporting those challenges.

I could sympathise more with LAs if they were actually open about what they were doing. However, they repeatedly make ridiculous and unlawful decisions, as demonstrated by the very high success rates of SEND tribunal appeals (over 90%) and successful complaints and judicial review threats. The current delays in the tribunal are at least in part due to the fact that LAs continue to defend cases they know they will lose, because it buys them time. I cannot see how choosing to sacrifice disabled children in the name of maintaining LA budgets is ever morally justifiable.

I know very little about the court situation, but have been down this road myself with the LEA and recognise the situation all too well

It's worth remembering that they often have "approved suppliers" and possible that yours isn't one of them, but also possible that "approved" means the one who offers the best backhander - or at least that was the case with ours

That said, there's also the old saying "never ascribe to malice that which can be explained by incompetence", which IME is the one area in which they excel, so personally I'd go with the suggestion to involve your councillor or - if they're likely to be too involved - the MP

I knew it was about SEN.

I have zero intention of DS going through higher education - if that's what you're trying to do (just presuming over the 4 yr comment, course length?) The system just isn't set up for people like him.

Far better off (for you and him) to get into an apprenticeship and get into work imo. The amount of stress this is causing you (and probably him) is surely a sign it's not the right pathway? Someone local actually posted the other day saying they wanted an apprentice who wanted to work, wasn't bothered about quals, happy to accept SEN, would be supportive etc. There are jobs out there. and ultimately these days even for neurotypical kids, there's no point going to HE unless you intend to be a medic/vet/architect etc etc

I honestly believe, if things are meant to me, they will work out. if you're hitting brick wall after brick wall, it's a sign you're going the wrong way.

You'll probably be thanking that it didn't work out in 18 months time.

The entire system is set up for conflict because the resources and the legal entitlement don’t match up. It’s like the govt suddenly bringing in a law that everyone is entitled to have a 3 bed house with a garden as an absolute minimum. Just because they make it a law it doesn’t mean it’s possible no matter how many courts or tribunals agree.

It won't be higher education as EHCP can'tbe used in higher education - I would guess a residential placement with waking curriculum. Bizarrely get a student to higher education and the support is normally far better through disabled student allowance.

LAs have been howling about this for over a decade, but all too often nobody listens until they themselves fall victim to it. So long as the country elects politicians in Westminster who choose to cut LA funding, there is absolutely nothing whatsoever LAs can do about it.
Agreed. Except our LA (Kent) have, appallingly, chosen to blame parents for going to tribunal rather than gross underfunding and the lack of appropriate LA specialist school places. The wording used by members of the SEN committee about parents in a was truly disgusting.
But even then, I would say that the LA is ignorant, rather than corrupt.

OP - the casual adjournments, the long delays and dancing to the tune of barristers and judges isn't corruption, it's just the utter utter shitshow that is the legal "profession" in England and Wales. The whole thing is run for their maximum convenience and fuck to anyone else.
Sadly I don't think "going nuclear" would make the slightest difference as the lawyers and judges don't care and no-one else has any power.

This is unfortunately correct. Many people who are outraged by poorly financed services continue to vote for the party which massively underfunds the same services.

I spent a couple of years working in a large city's SEND department, sitting on the panel which examined requests for funding linked to what were then SEN statements.

This was under Labour, when we were much better funded than councils are now. We spent long hours talking about how much we'd already over-spent the budget and were being hammered by the Director to stop funding statements until the next financial year.

Your post is very vague.

I appreciate your comment but my DS is not the same as yours. His main SEN is social, emotional and mental health which is why I've chosen a college specialising in exactly that. It has been the main barrier to his learning in his teenage years, why previous placements failed and we are in this situation now.

The main reason for his mental health issues is that his ASD was not correctly diagnosed until he left school and he was left coasting in mainstream secondary with no support or EHCP despite already having a diagnosis of severe learning difficulties.

He was ostracised and bullied for being 'weird' leading to severe social anxiety, depression and self harming.

Can you believe that he was not entered for any GCSEs as his school said he wouldn't pass any
after they refused to engage with getting him an EHCP. It took me 3 attempts to get him one myself and that wasn't until the end of Yr10.

If it was as easy as getting him on an apprenticeship, I'd have done that years ago and wouldn't have bothered going through all this stress!

His disability social worker has told me before that other young people he works with like him are quite happy to sit in their room gaming in the dark, living on disability benefits.

Obviously much cheaper in the short term than funding proper educational and support to function in society.

Would you accept that for your DS?

I suspect an awful lot of people would be astonished by the sums of money that we are talking about for individual children, the transport bill alone can be 10s of thousands of pounds.

How much does the placement you want cost and how much does the placement the LA are offering cost?

You sound like you really don’t understand legalities, corruption?!? ..then you say you are going to lose anyway, all seems like a lot of wasted money and effort to just try and prove a point imo

I'd go to the papers. Guardian.3 years no provision is nuts.

If your preferred provision is 10 times the cost of an alternative provision are you really surprised they won't authorize it? The education pot is finite. There is only so much money. My Foster Son has additional needs and attended a special school all through primary and secondary schools. Quite honestly their provision was not great for him. There was a wonderful independent special school that would have suited his needs more but as in your case was about 10 times more expensive and he'd need a longer taxi ride too. If they fund your child at 10x cost can't you see it's not fair as so many other children with additional needs will get even less in their placements. Unless you have absolute proof of a crime being committed you won't win. If you brought a case against LA and lost, which you most likely would lose without proof, you'd end up paying the legal cost for LA and as you know barristers don't come cheap. We paid for a brilliant special needs tutor 3 times a week for about 7 years. Could you try that instead?

I'm confused - did I see you say he's an adult? If so there is surely no obligation to spend the amount you expect. It's sad but there is a limited pot thanks to the tories.

@RamblingAroundTheInternet

When contacting MP you can only contact your own MP. Circulating all of them will do nothing. Your MP can then contact the minister for the body concerned.

This?

https://www.lawgazette.co.uk/news/send-appeals-system-at-breaking-point-lawyers-warn-/5116273.article

I thought it would be about this from your post.

I don’t see any corruption - no one is making any money.

Id tread very carefully if you think a judge is being covert and illicit in any manner. courts are a mess right now, then the strikes happened making them messier. And also, don’t forget, judges are human, eg. They have family emergencies and sickness too. Very little slack in the system to accomodate that.

Not everything is a conspiracy.

Your LA sounds shit though, the judge could be your ally, so don’t burn that bridge.

If you haven't already I'd try this.

Also if you haven't already - I seek some legal advice/representation on what your options are.

I can hear your frustration but I don't think shouting corruption or going nuclear will help your case at all - trying to enlist MP or a charity to back you might help.

3 years without provision really someone should be interested - if you really can't get support I would then see if you can get any sympatric media coverage but in mean time hang on and try and go through the process.

His main SEN is social, emotional and mental health which is why I've chosen a college specialising in exactly that.

It’s incredible (in a bad way!) that he’s been out of education for three years if these are the extent of his needs. Could the LA not have arranged for him to take online classes so at the very least he could proceed with his formal education?? (Apologies if I missed that he has been doing so.)

Did you post about misdiagnosis before and wanting to sue school

Social , emotional and mental health? No diagnosis of ASD all the way through school? No diagnosis was made? No ECHP given? But you're pushing for a placement 10x the normal cost?

We all think our kids are worthy of the best of the best.

But you're in danger of losing a lot just to prove a point.

Sorry but you do sound nuts.