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Education Bill to remove parents' right to complain to Ombudsman?

10 replies

TheTimeTravellersWife · 07/04/2011 21:41

Has anyone else come across this?

Apparently, the Education Bill 2011, which is currently going through parliament, will remove the right of parents to complain to the Local Government Ombudsman about schools.

"Clause 44 of the Education Bill extends the Secretary of States powers. It repeals sections 206 to 224 of the Apprentiships, Skills, Children and Learning Act (ASCLA) 2009 which give the Local Government Ombudsman responsibility for considering complaints against maintained schools received from parents and pupils."

It is not clear if this also includes complaints regarding SEN provision.

PS Apparently, Clause 44 will only be implemented in England, so if you live in Wales, you will still be able to complain to the LGO. Confused

I can feel yet another letter to my MP coming on....perhaps it is also worth writing to Sarah Teather, to see how this fits with the SEN Green paper!

OP posts:
Agnesdipesto · 07/04/2011 22:43

The ombudsman remit to look at schools only came in last year and was a pilot and the new Govt have reversed it. The ombudsman still has remit to look at local authorities so it is putting the position back to a year ago. It means can look at statemented children but not action / action plus eg where la responsible. Last Govt felt there should be no part of public life that was not accountable to indep body. New Govt thinks schools should be freed up to deal locally and freed from quangos such as the ombudsman.

TheTimeTravellersWife · 08/04/2011 16:21

Thanks for clarifying Agnes!
It is hard to keep track of all the changes that this Govt. is introducing!
At least I am glad to hear that parents of children with statements will still be able to complain to the LGO, but it is a retrogade step, in terms of accountability for other children at school.

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charlie06 · 09/04/2011 10:10

I definately agree this is not good and I feel that school goveners already have too much power. My son was physically harmed at a maintained school and I don't live in a pilot area and have simply been blocked in progressing the complaint by the chair of the goveners. Ofsted are also refusing to act so judicial review is my final option. If we lose and end up with the LA's costs .............. goodbye home, we will have to sell up to pay, but it's a battle worth having as my son is worth far more than this and I am tired of disabled children being denied the right to be safe.

TheTimeTravellersWife · 11/04/2011 20:38

Charlie, that is a terrible situation. I had no idea that the school governors could block a complaint! I wish you the best of luck in obtaining justice for your son.
Maybe if you post more details, someone on here will be able to advise you on how to deal with the school.

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charlie06 · 11/04/2011 21:16

Would love to tell all but can't for legal reasons......... once it's sorted I shall post more info.

Agnesdipesto · 11/04/2011 21:53

Surely the legal aid should be in your child's needs? I know there are rare situations where a parent can be held liable for costs but usually its the child's means for JR cases.

Agnesdipesto · 11/04/2011 21:53

oops that should have read in your child's name

charlie06 · 11/04/2011 23:45

I think it would be in his name if we went through a solicitor and could find one brave enough to take the LA and school on but we are going direct to a barrister via the direct access scheme route so legal aid cannot be claimed.

curiositycat · 12/04/2011 17:45

look at after the event insurance in case you lose. That would cover the costs if there were any.

charlie06 · 12/04/2011 18:26

Thanks curiositycat I shall ask about this and have never heard of it before.

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