LGO - Review? DPA and Local Government Act?

[convenientlyignoringfacts]

Name changed for this.

Hope someone will be able to help me.

As I have posted before, the provisional report has been a whitewash. However, it stated that I can respond to it and the the investigator will then make a decision. The final decision will only be reviewed if I find new evidence etc. How do I ask for someone else to review it as I feel the investigator has ignored facts etc. I know lots of people have asked for their decisions to be reviewed - when do you do it?

Also, in reply to my request under the DPA, I was told that under the Local Government Act, the LGO is restricted as to the information it can give me i.e. only those necessary for the purposes of the investigation. Does anyone know anything about this?

I know from my own case that you can't ask for someone else to look at it until the final report is issued. You then complain to their boss and they assign it to another LGO office to review.

Thanks LGO. I wonder why they don't tell us that.

Did you make a request under the DPA?

Hi you two!

I'm sorry I haven't contributed but I'm not at this stage yet.

However, I wanted you both to know that whilst it might feel a fruitless journey actually both your stories are inspirational and help those of us who are behind plan better for our times.

What I am trying to say is that wherever you get with it all, it isn't a waste of time, particularly as your journeys are 'published' and illustrative so thank you.

Thanks, SM. Glad to know there's some value in it all!

No, I complained after Provisional Report, and that was what I was told. Probably a lie!

Hi Star. I wish it were true but I think the reality is whatever the evidence the LGO still manages to explain it all away.

LGOequals - I looked at the letter and it said that after the Final Report I will not be able to complain unless I have new evidence. So I shall have to tell them I want it reviewed, although nowhere in the letter does it say I can do so.

Apparently by treating my SAR as a complaint, it falls under the FIOA and some documents are exempt etc. Looks like I have to upset the LA and send them another DPA request.

I've just got word that my complaint has been passed to another investigator after I complained that the first investigator had obviously not got sufficient understanding of SEN law, seemed unable to consider evidence on my behalf whilst accepting without question what was sent by the LEA even without evidence (blatant lies).
Not confident that it will make any difference tbh but if it keeps the LEA busy it's a small satisfaction.
I got the school I wanted even though they behaved appallingly so I won the war, knowing they are paying £50,000 plus pa for ds's school is far more satisfying than some token compensation award anyway

Who was it who had the LGO decision that the LA acted ulawful reasonably?

WetAugust I think Star

I am awaiting outcome of an lgo complaint I made for maladministration. MP has also writen to Sarah Tether. Will let you know what happens.

I thought it was AppropriatelyTrained?

Star - I think it was all of us. Wet August actually got a decision from the LGO against her council.

My investigator has either not heard of the North Tyneside case or decided to ignore it. I think he is hoping that I have not heard of it too.

As to how impartial they are - I made a SAR request and he acknowledged it and then asked how much more time I would need if he were to grant me an extension - well - I don't know, do I? I have not seen the documents yet!

Trying what's the North Tyneside case?

Are all your complaints being handled by the York Office? I haven't found one positive review of them yet online

Hi insanity - R v North Tyneside deals with provisions of the Statement. The Court of Appeal held that Section 324(5) of the 1996 Education Act requires that where the Statement identified a clear provision, the Act requires the LA to ensure it is provided. They cannot unilaterally vary the provision - there is no best endeavors defence.

My LA agreed with the school that their unilateral decision to vary ds's provision was in his interest - what did they expect the school to say - we can't be bothered to arrange the provsions so ds will just have to make do with whatever is available?!!

No, not York - will pm you as feeling a little vulnerable.

Can't understand if the provisional report is supposed to be supported by evidence or I am just supposed to accept it as truth. It is littered with numerous assertions and I can't find any supporting documents for those - not even in telephone notes.

Btw, have you found anything about ico? Just read a report that the ICO fined Herts £100,000 for 2 breaches of the DPA. Don't know if this is a one-off or they are really different from the LGO.

Ooh no but that is very interesting.Will pm you though just in case.

pmsl at fine for Herts.