LGO - which reports can they consider.

[tryingtokeepintune]

So I had a talk with the investigator who told me that despite any expert reports saying that my ds cannot learn in a whole class situation, the teachers and HT can consider it and then dismiss it, espcially if it was a private ed psych report. He was a little quiet when I said it was the LA SALt's report.

Apparently, he cannot comment on their decision.

However, I noticed it hasn't stopped him stating how much he sympathised with them because they said how difficult they found my son's behaviour - but the OT and autism outreach reports I have to show how to manage his behaviour and enable him to accesss classes would not be useful and school does not have to follow it because he is only investigating the Council (but he had lots of paragraphs saying how he sympathised with the school).

Neither would the psychologist report showing that his behaviour was a result of his disability.

Actually wouldn't that be disability discrimination?

The investigator sounds a bit useless.

I sympathise trying. I think that's what bugs me most. Any criticism we make of school or the failures to act properly can be dismissed as 'that's not within my remit'. Yet, it seems within their remit to make judgmental comments on issues similarly outside their remit if they support the school/LA etc.

The key thing about reports etc is that the LGO can consider the way decisions are made but cannot consider the outcome of that decision itself and it cannot consider school's actions.

However, the LA has the overall statutory responsibility to put that provision in place if school fail so school being crap is not a get out of jail free card.

AT Do you think the information I shared with your recently could be a matter for the LGO, if I get a report from the person who shared it with me?

Or is it just a hopeless case.

The trouble is trying that the more we 'fail' at being taken seriously, the less and less scared schools and LA's become at behaving illegally or immorally.

I don't know what the solution is but to make it all a bit more public.

It could be if it relates to some function of the LA rather than the school.

Well we moved across the county so I can only imagine deliberate LA sabotage. But imagining isn't going to be enough is it, when hard evidence doesn't even do the trick!?

I think you could make a complaint that you believe the LA are acting irrationally and unreasonably. Can you tie this to the DPA? Information sharing beyond consent?

I think that you may be misinterpreting the role of the LGO.

He's there to investigate cases of maladministration basically instances where a body has failed to act reasonably by disregarding due process with good cause to do so. (Although I'm sure the legals on here could better describe it).

If the basis of your complaint is that the LGO are choosing to ignore private reports then you could argue

a) the Council is failing to take into account all information available to it before making a decision - which could be construed as 'unreasonable' however
b) if the Council feels it has sufficient information on which to base it's decision without taking into account the private reports then it could be argued that it has actually followed due process.

You can put as many reports as you want to in front of the Council - private or otherwise. If the Council considers then and rejects them it could be argued that they have made a considered decision in disregarding the (private) reports.

However should the Council decide to ignore your private reports that suggest certain therapies etc which, as a result of ignoring them, the Council fails to provide and, as a direct result of having ignored these private recommendations damage results to your child then the Council could be considered to have acted negligently and could be pursued for damages.

So, as far as I can see, the Council are not bound to consider private or even their own reports however if they choose to ignore information that has been provided they are running the risk of legal action if damage occurs as a result of choosing to ignore them.

I think the route to follow is 'disability discrimmination'. Assuming your child actually has recognised disabilities, the SALT has provided an expert assessment of your child as requiring certain 'adjustments' such as 1:1 in order for them to have the same opportunities to learn as a non-disbaled child.
These would be 'reasonable adjustments' under the DDA.
If the LA then decide not to male those 'reasonale adjustments' they are acting illegally under the DDA.
So why not make a formal complaint against the LA on these grounds? You would have to initiate a complaint directly with the Council and attempt to resolve it before seeking a remedy under DDA.

oops! in definition of maladministration I should ahve said without good cause.....

AT - yes, that's it. I can see why LGO said that he cannot consider the outcome of the decisions but he went on to comment on how school was put into such a difficult position because of ds's behaviour and so understandably had to downgrade some parts of his statemented provsions.

His difficult behaviour (temporary) was caused by his disability - clinical psychologist report; the way to handle it - ASD Outreach report and OT. School opted for the easy option of ignoring all reports and dropping provision - LGO that is reasonable and understandable.

Wet August - my ds has a SSEN which actually states the provision which should be put in place but after I won the fight on placement, the school decided to stop the provision saying that whole class integration works better and the LA agreed with them.

Also, school can therefore breach the DDA but the LGO although cannot comment on this, they can provide cheerleading support.