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Taking on the LGO - helpers?

6 replies

appropriatelytrained · 12/02/2012 15:09

OK, guys. I am going to take on the LGO in my case where they are clearly wrong, very wrong on the law.

I may have some pro bono support as this is a matter of public law which extends beyond the confines of my case.

It concerns the LGO's willingness to accept unlawful action on the part of a LA in not putting in place the provision in a statement on the basis that the illegality is reasonable. This makes no sense at all as a matter of law and it means that they have effectively invented a 'best endeavours' defence for LAs where this has been specifically and consistently prohibited by caselaw.

There is also a complaint that the decision to brand me vexatious was dismissed out of hand without any consideration of the LA's processes. This makes the decision irrational and unreasonable.

I am going to put together a legal case for the review which will be supported by some others in the education world but I would very much appreciate any help.

If anyone has time to search out cases, or knows cases on the failure to provide and general judicial review, I'd appreciate offers of help.

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avoidthelightsiftheyreatrain · 12/02/2012 17:51

You can have the help of using my case which is VERY similar to yours - accepting crap (and unlawful crap) on the basis that it's not a perfect world Hmm

WetAugust · 12/02/2012 18:54

In DS's case many 'failures' were totally disregarded. Particularly galling was that they were not censured for failing to name suitable post-16 placement on his final statement as this wold not have been good use of funds - when the eventual placement was also funded from the public purse - just not bu an LA. Which is a very good example of the LGO condoning poor behvaiour by LAs - as the LA just passed the placemnet cost to the LSC.

Would be very interested to hear how you get on. There are summaries of cases in the LGO Annual Report - some of which are failures to provide education / suitable placements.

appropriatelytrained · 12/02/2012 19:16

avoidthelightsiftheyreatrain - do you mean you accepted crap or I should accept crap?

I just think if you can stand and fight (and it is not always possible) why walk away? Sometimes cases aren't so clear cut on the law but when they are, why not challenge the crap?

Thanks Wet - that is a good idea.

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avoidthelightsiftheyreatrain · 12/02/2012 19:51

Oh no - I mean the LGO acccepted crap from LA Grin on the basis that it's not a perfect world! I am in total agreement with you.

WetAugust · 12/02/2012 19:54

www.lgo.org.uk/complaint-outcomes/education/

appropriatelytrained · 12/02/2012 20:21

Doh, I see Confused. That's me being a stressy mare! It is such a stressful drain and you feel that kind of post-traumatic response coming on you every time you think of the subject but, there is a chance to make a proper legal case here with the help potentially of a charity so I feel I should at least give it a go.

I don't know what the problem is with the education side of things. I actually found the LGO quite thorough with regards to a complaint I made for my brother who is now undergoing a complete reassessment after they cut his services with a promise to backdate any monies owing. Yet, that case seemed far, far less clear cut.

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