Feeling very frustrated.. LA etc etc

[appropriatelytrained]

Eventually found a lovely school for DS after a horrible couple of years with a school who didn't give a toss about his and fought me every inch of the way.

I've been HE since July. Then we found a school. DS2 started 3 weeks ago. DS1 has a statement and we have had to apply to get the school named on Pt4.

The school is out of county and the LA have been dragging their feet. A month after applying for them to name the school, we have heard nothing from them. As far as I am concerned, I am not HEing, I'm being forced to educate DS at home because of the LA's crapness.

This is becoming frustrating as I take him to and from school to drop off/collect DS2 every day. It is a small school and people notice. They are very friendly and ask about us and whether DS1 is joining school. I explain...not yet

I know they are waiting to get all the provision in place before they name the school. The school are happy to have us so there can't be any other reason. They want to make sure all the provision is in place because I have taken them to the LGO before when they failed to do so.

I suspect they feel that, if they do not actually name a school, they can't be held responsible yet for not arranging the provision.

I am also annoyed that I have

(a) a solicitor acting for us in the LGO claim who never responds when she says she will. We have ended up with enormous bills. Two weeks ago she promised to write a letter we needed for our LGO case by last Monday. I'm still waiting and despite chasing, I''ve had no response

(b) I instructed a parental advocate to deal with the LA because they subjected me to a vexatious ban unjustly which means I can't deal with them directly (this is subject to an LGO complaint too). I've asked that s/he chases the situation but again, correspondence to her goes unanswered and I feel powerless and frustrated as I can't chase myself.

I then get asked for an interview for a very interesting and high level post in London next week. I could work part-time even - they are flexible and progressive.

BUT I have a son still out of education. I'm getting really angry about it all now. I am sick to death of waiting for everyone. We need a plan too get this started but having instructed a representative and a lawyer, I'm going to end up bloody well having to do that myself now. I can't even get an answer from either of them as to what they have done as yet.

Is there no one on our side except us?

Hi

Normally the LA sends a copy of the Statement to the school they are minded to Name and the school the has 14 days in which to agree to admit / not.

I would ask school if they have received this formal request to admit from the LA and, if so, when did they respond? It may be delayed because you have 2 LA's in play here - yours and the admitting school's LA.

Contacting your local Councillor and telling him/her that you intend to raise a formal complaint about the LA's 'heel-dragging' would probab;y be more effective that legal representative to pursue it. Councillors have always helped me in the past.

TBH I wouldn't spend any money on solicitors to pursue the LGO case. Any compensation you may be awarded will probbaly be negligible and far outweigh the cost of legal intervention. In my case I was awarded just £250.

Could you not use the Council's own Formal Complaints procedure to complain about the LA refusing to deal with you? Alternatively ask a Councillor to act as a go between you and the LA until the matter is resolved via a Formal Complaint / LGO?

Just to say that you have my sympathies.

Can someone look after your ds1 while you go for your interview? Can you ask to start after the new year? Hopefully school will be sorted out by then.

Oh, we are on your side.

Can you send the statement to the school and ask them if they are able to meet his needs. Sometimes if you fund provision the la should be doing you can get the money back ( with a legal fight).

I want you to know above all else that you are not the only one experiencing what you are with solicitors/advocate etc. I have too and I think it happens in any case that is not a 'pull off the shelf' one. They are in demand. It is a specialised area. If your case isn't text book and they have to actually do some work I find that they are a)reluctant or b)determined to make your case fit their previously made off the shelf package with it's off the shelf arguments.

There is nothing just in this SN Industry. People can make a fortune in all areas with substandard care and they do. Sorry.

But the MP route is probably worth Persuing ATM.

Also an la might be reluctant to open part 4 because any change to the statement makes it open to aPpeal.

It appears said advocate sent no letter two weeks ago to chase this.

I have written to LA myself today asking them to respond sensibly so that this doesn't escalate again.

I will wait to see if they respond but I will have to escalate it as you suggest if I hear nothing by the end of the week.

Honestly, they can't do anything or communicate with you unless you chase them and then they complain that you're chasing them.

It's win win for everyone but the child and the family isn't it?

I would also add that, as a lawyer in practice, I would never have acted like this - unresponded to correspondence, promising things that never happen.

I'm astonished at how shit everyone is at every bloody level.

If i had a £ for every official i have had to chase to do their job properly/ in a timely manner, I would be sitting somewhere warm by a beach relaxing and not freezing with grey clouds above me!
Because of course, we don't have any extra work to do with our children and have all the time in the world to play telephone tag with the monkey, let alone the organ grinder.
Rant over - and breathe - and appropriately I feel for you.

auntevil -that is what really gets my goat. These people will talk to you as if you are making work for yourself because you have too much time on your hands.

The problem I have job wise is that I really don't know how much full-time school DS can cope with. He flexi-schooled for most of last year and then didn't really cope with a full-time return. But then his school were useless at supporting his needs and so let me take all the slack.

DS is also due to have a two-week inpatient admittance to GOSH sometime in the new year.

So I could make it to the interview but long-term, I am hesitant about being able to say I could work in London for even part of the week (it's an hour and half train journey).

I had hoped by now that some of the variables would have been tested and I would now what days he would be in school and how he was coping.

The school are ready and willing to take him to at least get him started on transition back to school. They even pushed the LA to be allowed to recruit a TA before the statement has technically been transferred.

There is no excuse for this delay other than their own self-interest.

This makes me furious and I can't even instruct a reliable advocate/lawyer to take charge. Everyone seems to be obsessed with their own professional self-interest or is bloody making money off our children and it annoys me.

I think SEN is fairly straightforward comparatively and emotionally charged allowing legal firms to make a mint from not doing much. Trouble is when your case is NOT so straightforward. You start to get the feeling that they can make easier money so can't be arsed.

That's my feeling anyway. Not just the legal lot but the charities too, who are sometimes worse IMO as they appear to believe in the system and say stupid things like 'well the tribunal will consider all the evidence fairly'. Grrr

I agree.

This is why I was happy taking those legal points etc myself. I quickly got shut up for doing this which shows that LAs are really not used to having to answer difficult questions which in turn says something about the SEN industry.

It is a disappointing experience regarding fellow lawyers though. It makes me realise how dedicated and professional I was (as were all the teams that I worked in) when I was in practice.

I just got a copy of a letter I have waited 3 weeks for and have had to chase 4 times for. It even calls me by the wrong name on several occasions. Honestly, it's basic can't be arsed stuff.

This is why they don't want informed parents - we are well-researched, committed and not in it for the dosh!

I've come to the conclusion that the sen industry condones a level of incompetence and laziness that would never be accepted in other professional areas. If you work for the national grid, and the nation's lights don't go on someone is held responsible - noone calls a review meeting to be held in 3 months time while the nation sits in the dark. Perhaps a silly comparison to make but it's an accurate one.

The parent who expects the same level of commitment, professionalism they've seen elsewhere (perhaps from their IT job or even manning the grill at McdONALD'S) is always gonna be seen as a threat by those who have been allowed to get away with it for so long. Sadly the wider public attitude to disability means we are supposed to be grateful if someone deems us worthy of patronising for half an hour over a cup of tea. The only other area I can think of that compares is the care of our elderly - again the human rights act doesn't seem to apply.

It is how it is, all we can do is keep going, knowing that attitudes will move on in time for our grandkids, even if things don't change in time for our children. At least funding is being looked at in relation to evidence base for the first time in a generation right now - that alone will eventually be the catalyst for some massive changes a while down the line.

You are right bochead _ I was thinking of the comparison with the elderly when that negative report on their care came out the other day.

Why is it that children are allowed to be treated so appallingly? Why does he public/media have this idea that anything to do with children and children services means worthy health professionals administering care.

I think the answer to this lies in the fact that we have to access these services through the SEN industry. This means that parents, rather than being the parents of disabled children with clinical needs, become demanding, middle class parents placing unfair burdens on our overstretched school resources for an educational 'advantage' of some sort.

We would not accept adult patients being treated in the way that they deem to treat our children.

The LA responded today to my advocate to suggest that I was pushing for DS to go back to school while they were planning a lovely transition for him. Of course, they haven't shared this plan or spoken to us about what they're doing. Don't be silly.

But, seriously, those who have never met DS and who have ruined our family life for most of the year are now suggesting they are the ones acting in his best interests whereas his silly, selfish, demanding parents are not.

It's a mindfuck. It really is because these people get believed time and time again.

How can the Border Agency be described as not fit for purpose and this shower get away untouched?

BTW the human rights act does apply to children and education too but that is just another battle to fight as no one (not even the lawyers I've dealt with) appear to even understand its appplication!

Yes why it it SEN legal bods seem unaware of the human rights act?

Laziness?

And the Equality Act? I can't believe they don't use that more as it cuts right across and emboldens SEN obligations.

They are lazy tossers.

I worked 16 hours a day as a criminal lawyer and put my neck on the line in front of out of touch judges and arsey police officers and prosecutors day after day. Yet, I read the law, took challenging points, fought tooth and nail to defend my clients.

Caselaw is littered with human rights decisions relevant to crime and criminal case law is complex and full of challlenging arguments.

Who takes these points with education law? I know it's not legally aided but I honestly think these people have got no balls most of the time.

Well anyway. I suppose the purpose of us others posting here is just to let you know that we agree. You're not being paranoid or coming up with conspiracy theories etc. Unless we are all in a cult which I guess an outsiders potential perception.

I remember your earlier days. I remember mine. We were the same people but not so weary. Frustrated but not bitter. However, we have both survived so far. Many don't get to where you and I are in their journey. Can't say if that is a good thing or bad if I'm honest, but here we are.........

Might not be the place you would look for an answer given past experience but this Out of School Out of Mind report is actually pretty useful for you on this occasion.

Can you ask them to make interim measures until your DS can start eg say you are going to stop home ed on a specific day and expect them to put in home tuition until they get their arse into gear

btw, ever thought about setting up your own practice? As I said, I believe SEN law is comparatively simple. I'd work for you, probably for free t begin with!?

Thanks Agnes. V useful report

Gloria - I have thought about it.. But how could you bill people?? I wouldn't have the heart. Unless we could get charitable funding!!

AT You'd have to bill people. You'd have to start by getting the business of those already spending, but give them more something for their money.

Then you could set up a charitable arm.

If only we knew someone rich who could bankroll a charitable practice and we wouldn't have to charge.

I have thought about going in to education law but I do prefer human rights.

Perhaps we could get someone to look at human rights, equality and children with disabilities? Maybe I should look in to post doctoral funding? Mmm, there's a thought. Don't see anything in the literature base on that!

Something SEN oriented - whether the current treatment of disabled children with SEN complies with national and international standards on equality, inclusion and human rights.

Great topic.

You see, thinking about it, I don't even know anywhere that has an education law department! I will think about children's rights people. Got me thinking now.

AT - I am thinking about education law.

Also, I mentioned the Equality Law and the Human Rights Law to the LGO but apparently he cannot go there! However, he has no problems supporting decisions which arguably impinges on my ds's rights and which discriminated against him.

The LGO cannot go there?

Me thinks this is an area of FOI exploration for a small group of interested parents.

Trying - that is a load of codswallop.

Maladministration includes failure to comply with the law. If a LA goes around breaching the Equality Act or the HRA, that is a breach of the law and their statutory duties and can constitute maladministration.

What he means is - don't go there as that is why above my knowledge base!