Making a complaint to LGSCO. Is it worth it?

[DressToEmpress]

As the title says: has anyone complained to the LGSCO about SEN and what was the outcome?

I want to raise a complaint as there is a clear injustice to my DS13 caused by maladministration from the LEA. Reading reviews online it appears it may be futile. I’ve exhausted the LA complaints procedure.

Is it likely to affect relations with the LEA or school in future?

TIA

IMO it is worth it. Not necessarily for the remedy, but to hold the LA to account.

We complained. The LA were ordered to apologise, pay £2k and review their policies and procedures. It didn’t have a negative effect relations.

@JustKeepBuilding Do you mind sharing what you complained about?

It was about their treatment of us, DS1 not receiving any education, then not a full time education, when his MS placement broke down.

@JustKeepBuilding Thankyou. DS13 is in the same position. No full time education and MS placement has broken down. DS has missed out on so much.

@JustKeepBuilding How long was your DC out of school?

In the immediate, rather than the LGO, I would go down the judicial review route as it is much, much quicker to get s.19 provision (and if DS has an EHCP anything specified and quantified in F) in place.

Does DS have an EHCP? If so, has there been an early review? If DS doesn’t have an EHCP have you applied?

How long was DS out of school is a hard one to answer as he never returned to a school, but he now has EOTAS. After the MS placement broke down he was without education/a full time education for a relatively short time compared to many then attended a CAMHS unit as a day patient before receiving EOTAS via his EHCP.

@JustKeepBuilding Thankyou for posting. An appeal is in progress for section F of his EHCP (it’s only a few weeks until the hearing). Once the hearing is over, my complaint would be based on the lack of intervention or education during the time he has not been able to attend school (intermittently but regularly spanning over two year groups). I only have a short time before I’ll be out of time to complain so I am considering it.

Whilst waiting for the appeal outcome request section 19 provision.

Are you not appealing B&I too?

I’m appealing B, I and F. It’s all very confusing.

I’ve never heard of section 19 provision so I will certainly do some research. Thank you.

s.19 of The Education Act 1996 states the LA have a statutory duty to provide a full time education to those unable to attend school full time. The provision should begin once it becomes clear the pupil will miss 15 days. The days don’t need to have already been missed or consecutive. Here is IPSEA’s page briefly mentioning it.

@JustKeepBuilding Thankyou so much. I’ve been doing my research based on your advice and I had no idea I could ask for judicial review for failure to offer section 19 provision. The whole basis of my complaint to the LGSCO is about lack of section 19 guidance in spite of DS needing this.

Often the threat of JR to the Director of Children’s Services works. If it doesn’t, most of the time a pre-action letter does. Only a minority actually get to a hearing.

Over the years we have threatened JR several times, pre-action letters have only been needed 3 times and haven’t actually got to a hearing for any of them.