LGO final determination

[appropriatelyemployed]

Absolute outrage that is the LGO's final decision has arrived.

Appparently, it is acceptable for children to be without statement provision as the Education Act doesn't prevent this??? Even though caselaw clearly does.

Oh and on my vexatious determination the classic suggestion ((on the fourth attempt) that the kindly Council, seeing there were lots of emails from the silly mum, said, let's make it easier by getting her to respond to one person.

The fact that the Council were lying to the LGO - ignored.

But then the piece de resistance, in this vile woman's covering letter:

In the relatively short period of time I have been involved in your case, you have sent me multiple emails and you have copied me into emails to other agencies over which the Ombudsman has no jurisdiction.

What? I have simply sent to her what I was asked to and I have NEVER sent anything to other agencies. An absolute lie. What appalling bias.

Maybe she has mixed up some of your case papers with someone else's and that's why none of this makes any logical sense at all. After all, it happens with babies sometimes.

The Rosenhan experiment was called 'On being sane in insane places'.

A good read when the world gets so crazy that you worry about your mental health!

wrong baby? that explains it, d'you think they'd take him back after all this time ?

It gets better.

I get a letter today saying the case has been referred for a complaint review and I will know the result by mid August.

Only problem - I haven't made a complaint yet!

Why let a little thing like that bother you? Much easier to answer what you think I might raise.

Lol. Ask them for a copy of the complaint that is being reviewed.

It's hilarious.

I wrote asking about the framework for review and for the details of the person to whom I could address my concerns.

I get a letter back saying your letter has been forwarded to a senior investigator for review of your case and you will have a decision by mid August.

I have had to write back saying - would you like to receive my complaint first?

Seriously. Even if some of LGO teams know what they are doing, the general understanding of wider public law obligations seems very low.I am sure that they never read their own guidance on good administrative practice about how public bodies should operate. How can they judge others?

Well then you can at least add that to your list of complaints.......

Good point!

This might be of interest - the LGO, despite being quoted in this document claiming they use the human rights framework to add 'moral weight' to their judgments, does not seem to know about it at all.

In fact I was told that the Human Rights Framework as a Tool for Regulators and Inspectorates didn't apply to them by an assistant Ombudsman. This is clearly wrong.

Although the LGO may complaint they are not biased, or that their remit is small, they are clearly not trained in the basic public law/human rights framework which actually governs and limits their actions.

Ooooh, anyone want to do a FOI request for me on this??

Oh fabulous!

Letter today. Investigator has deleted the emails she says I sent copying her into 'other agencies'.

Because there were none. I have asked her to retract this.

Are you sure this isn't a comedy script?

AE, I only have connection via phone for a couple of weeks so can't easily do FOI. But if you get no joy then if you write it in a PM I'll try and c&p.

AE - I can do the FOI for you.

Do you think they have already written the answer to the complaint that you are going to send?

Probably. It looks like it is being passed to another Ass Ombudsman in the same office. It's not like they won't have been talking about it is it?

I have to respond to three letters from them in the last two days. If I send a response pointing that out, no doubt I will again be accused of being vexatious.

I do not know how that woman thought she would get away with it but it's probably because she will. Making up allegations that I have been copying her in to emails and then lying about deleting them. It really is a disgrace beyond measure.

And this case is about a child.

Sorry, trying, meant to say, thanks but someone just PM's me to offer.

Fantastic - on the framework document on human rights which the Ass Ombudsmen says doesn't apply to them, see the Government's recent report from the Ministry of Justice to the Council of Europe (Dec 11) which says:

"The UK Government and the devolved administrations work closely with the
three Commissions. For example, the Government and the Equality and
Human Rights Commission have together been working closely with the UK?s
inspectorates, regulatory bodies and ombudsmen to provide leadership for the
implementation of a human rights approach within these bodies.
Inspectorates, regulators and ombudsmen play a crucial role in promoting
human rights within public services; both directly through ensuring that public
authorities respect human rights, and also disseminating best practice and
involving service users in monitoring standards. MoJ and the Equality and
Human Rights Commission have jointly chaired a quarterly meeting of these
bodies since October 2009 at which information, experience and good practice
examples are shared. The partnership also led to the publication of guidance
entitled The Human Rights Framework as a Tool for Regulators and
Inspectorates which was praised as an example of good practice by the
European Union Fundamental Rights Agency".

What a great example of best practice!! Senior staff have never even read the bloody thing and certainly wouldn't know how to apply it.

Raising standards and best practice - my arse! There it sits, on some big wig's shelf, gathering dust.......Have written to Ministry of Justice.

This document is a great in substance and well worth a read. It gives guidance on making rights real and looks specifically at the rights of those with disabilities, referring to the need to draw on the United Nations Convention on Persons with Disabilities in decision-making. Factoring in such obligations in to any determination of maladministration is really important to ensure the vulnerable are protected.

How was this addressed by the LGO? Basically, disability discrimination claims need to go to SENDIST - eh???

Now, I know staff can't all be experts but I have said - GET A LAWYER TO LOOK AT THIS more times than I care to remember.

Will be interesting to see how the LGO suggest they implement it in response to the FOI request.