HELP! letter received from LA Chief Ex - Star, Agnes and anyone else who can help

[claw4]

Ds was signed off of school by my GP due to self harming. SA was refused and im appealing.

I wrote to LA chief ex, asking how they intended to provide ds with an education. They have replied stating they have been in contact with my GP and asked him why he made this recommendation and what level of education he felt was appropriate for ds at this time.

Apparently my GP then wrote stating that ds is now well enough to attend school. (without consulting me or even seeing ds again)

!!!!!
I cannot believe that the LA could hold a panel with no evidence except that the GP HAS signed your DS off sick and with no medical proof decide that he is well enough to go back.
What a farce!
I do not know enough to be able to advice you here, just wanted to show you my support - as I think that you have acted correctly throughout.

I hope someone else comes along soon with some more advice.

AE i have a private educational solicitor, i have informed them and im waiting on their advice. Although the LA do not know that they are involved yet.

Zen1 complaints take a long time and lots of energy. I feel my energy and time is better spent staying focussed on what needs doing, appealing the LA's refusal to assess. I have enough crap to deal with at the moment, keeping all these different agencies that the LA are involving at bay, without complicating it with a complaint. Im hoping that once the LA agree to assess, they then cant logically continue down this route.

Alison, my GP signed ds off from school AFTER they refused to assess, there was no multi panel. I assume the panel they refer to is the SA panel and seen as ds wasnt signed off at that time, how it was assessed and furthermore who on that panel was qualified to assess ds.

Social worker also told me following her visit, where she met ds that ds scratches because of 'gnat bites' and my 'story' of self harming doesnt match ds's. I did ask did she realise that she was talking to a 8 year old with ASD and she replied this was something else that SHE needs to assess 'his level of autism'.

Seems everyone is a fucking expert and incapable of reading a report.

My GP is now saying that he 'doesnt want to get involved in disputes' and wont make any further recommendations. He is saying that he gave his advice and that the LA have over turned it.

Obviously i will wait and see what solicitor advises, but as always really appreciate the advice on here.

You need CAMHS to say the same as the GP really to the LA to get them off your back and back on track. x

Sorry Claw - I know you're reaching the point of being overwhelmed by these fuckwits but YOU MUST RAISE A FORMAL COMPLAINT AGAINST THE LA.

You should also get in touch with your Local Councillor.

I could have told from your first post that the GP would not have said what the LA claimed he had. You need to make these formal complaints so the LA know that you will refute their crap. If you don't, they will continue to walk all over you.

Out-fucking-rageous!

I agree that your energies are probably better spent appealing the refusal to assess than get bogged down in a big fight about this (which, sadly, might turn out to be just one of more underhand manouvres from the LA).

But it doesn't mean completely let this go.

I'm sure you are already, but make sure you log everything. Write to the LA Chief Exec stating the facts as you know them - summarise what has happened. Specify in crystal clear terms that the GP did not write back to them, and spell out what he in fact did say. Reiterate for her benefit the path that has led you here. Reiterate that as he/she knows of course it is not appropriate for a GP to make comment about where the best place for ds school is, but is the role of an Ed Psych - hence why you requested SA! Copy in all parties concerned (GP., SW, etc).

Have you lodged your appeal yet?

I would also recommend Fiona Slomovic to help with your appeal - much cheaper than a solicitor and imo just as good (and better in some ways as she seems to genuinely care, and want to fight on your behalf).

Wet, im beginning to doubt EVERY professional involved, including my GP if im entirely honest. Seems whenever any professional are confronted with their mistakes ie my gp should NOT be discussing my ds without my consent or writing letters, every fucker lies to cover for their mistakes.

Why would the LA state to me in writing, that my GP had written to them. I know that the LA lie, but only lies that they can cover. Even their letter to my GP has been written in such a way, to convince my GP that it has been officially decided by a panel of experts that he is wrong. When challenged they will say they were referring to the SA 'panel'. So they have a 'get out' clause. Why would they tell a lie ie my gp has written, if he really hasnt.

Obviously someone is lying ie LA or my GP, i just need to make sure WHO.

Verbally my GP has told me he didnt write a letter. I think my first course of action has to be a) get my GP to confirm that in writing? or b) ask the LA for a copy of the letter my GP supplied? BEFORE i start making accusation that could come back to slap me in the face.

Baily, I havent lodged my appeal yet, i have instructed a private educational solicitor to do this. I have sent them copies of the letters i mentioned etc.

My GP is saying that he did not write a letter. He is saying he did not say that ds is well enough to attend school. He is saying based on what the LA had written and subsequent telephone conversation where he was told an expert panel had concluded that ds was well enough to attend school, that he had agreed if this was the case then ds could attend.

Wassup, ds was discharged from CAMHS in December, my GP has referred back. So CAMHS cannot agree anything.

Claw

You have absolutely cast iron proof of the LA's meddling in medical matters and also lying.

I think it's far too good evidence not to use it in raising a formal complaint. We all tell our kids to stand up to bullies and you are being bullied by the LA - you should fight back by raising a formal complaint.

I definitely got treated with much more respect when I raised a formal complaint. It showed I would not be pushed around.

Would also add when i told my GP that there wasnt an expert panel and that the LA had said it was in fact him that had advised them that ds could return to school. His response was he 'did not want to get involved in disputes'

Why would he be so reluctant?

Because your GP has better things to do than listen to a load og 'he said' 'she said' - sorry to be blunt.

I said upthread that I doubted GP had told LA that your DS was actually fit to attend school as the GP is bound by his professional code of ethics - unlike the fuckwits in the LA. He could have been reported to the GMC for supplying medial information about one of his patients to the LA without your consent - and he knows that.

You are concentrating too much on 'who said what to whom' when you have a letter in your possession that would nail the LA. That's where I would concentrate my efforts.

Stand up to the bullies - complain. You have a list of those who attempted to access confidential medical information - use it to complain.

Get your appeal in, and get a formal complaint out too as wetaugust says.

I wonder if you can copy in SENDIST? Not sure how much of this you can use within your appeal as it's not strictly relevant to appealing against refusal to assess, but a tribunal panel would be interested, as it obviously shows the dirty tricks they're playing. Others (wet, agnes etc) might be able to advise more.

In the meantime I would definitely ask the LA for a copy of the GP's letter they claim he wrote.

Wet, i would like nothing better than to jump on this. But something is not adding up.

LA are saying its GP who advised them that ds is well enough to attend school. GP is saying its the LA who advised him that ds is well enough to attend school.

LA have confirmed this in writing. GP is telling me verbally, but then saying he 'doesnt want to get involved in disputes'

My thinking is someone is lying obviously, but what if its my GP?

GP can (and pretty much has to) share any information with social services if they say it is a child protection enquiry. This trumps confidentiality. Other SS enquiries eg child in need, CAF, children with disabilities etc, should ask you first unless there's good reason not to.

But doctors can't legally sign a child off sick. They can only advise, and their advice may be ignored. The head (and/or EWO?) is the final arbiters of how to record absence: authorised, unauthorised, education off site or sickness: their call, not your GP's.

Tactful way round the problem might be to ask GP to refer you for a second opinion about the scratches, make sure Camhs form gone off and maybe ask to see the child protection dr for your area.

Maria, it wasnt SS who wrote to my GP, it was the LA. Nothing was requested as a child protection enquiry. SS have told me this is NOT a child protection issue.

The LA or Head of Inclusion has written to my GP, telling him HE is stopping my child from getting an education by signing him off. They have told him that a multidisciplinary team has assessed ds and agreed that he can attend school and doesnt need a statement.

This is not true.

The LA have also written to me stating my GP has written to them advising THEM that ds can attend school.

My GP is saying that he didnt write to them, but then washing his hands of it and saying he will not get involved further or dispute this.

Oh FFS! You could spin this around in your head forever.

Complain!

Dear LEA
I'd be grateful for a copy of the GP fit-to-attend note you mentioned in your letter, since he has no recollection of writing one.
Love Claw

Wet, what im afraid of

1. I already have a 'rep' for being over anxious (dxed by school, but none the less it appears to be carrying a lot of weight)

1. I already have a 'rep' for disagreeing with everyone who doesnt agree with me. My removing ds from his 1st school as they were clearly unable to meet his needs. Now 'removing' him from 2nd school is adding weight to this.

Obviously both of these schools tell a different story, but common demoninator is mum.

1. I am viewed as 'negative' (again by school, but carries weight)

Its all well and good everyone saying school cannot provide 'evidence' of any of this, but they dont have to, they are believed and my actions either add this or they dont.

The more i push or complain, the more i make school look right. I am desperately trying to pick my battles and remain focussed on what i want to achieve which is a statement for ds.

My thinking is if i can get LA to agree to assess then they are in theory agreeing that ds is likely to need a statement, they then cannot continue down the over anxious, disagreeing, negative mum route or well they can, but it wont carry any weight as they are agreeing with me?

I might be totally on the wrong track, but complaining in the past has got me nowhere, everyone just covers and lies some more.

Well, you call but I think by not complaining you're playing into their hands.

They now have an undisputed letter that they can wave at Tribunal or anywhere else they fancy stating that GP says child is fit for school - so the fact he doesn't attend is down to the (weird) mother.

Can't you see that that's the spin they will put on it?

that's why you need to give 'em both barrels and get this damaging letter disputed and retracted - preferably with an apology from them.

Can you speak to the secretaries or the practice manger at your gp surgery to ask to see copies of any recent correspondence that has been sent to other parties about your ds? They should also have records of phone conversations that have taken place on file. You can explain that LA appear to have misrepresented the situation to try to persuade GP to change his professional opinion. Or keep it vague - there appear to misunderstandings that need to be clarified, if you don't want to go into the whole story with them.

At the same time ask LA for copies of correspondence between them and GP.
once you've got it in black and white or they fail to produce what you ask for then you have definitive evidence to complain.

They do sound like manipulative, shrivelled conscienced sods by the way. Hope it comes back and bites them in the bum.

Oh Claw!

I think you are right, deep breath and take some time to take stock. Keep your energies on what matters.

From memory your GP signed your DS off, at least in part at your suggestion and just before the school holidays - when frankly missing school was not a big deal. So from the GP perspective I can see why the GP is not sticking his neck out on signing him off longer term as the LA will be asking for much clearer evidence as to why and your GP has not got evidence to back up his view. Unless the GP has seen your DS express anxiety about school or seen a pattern of self harm over a period of time then he can't say much more. He has referred to CAMHS. I suppose the GP could say that your DS should be assessed by CAMHS and CAMHS should decide if your DS is fit to attend or not.

Ignore the SW she keeps saying she will do x, y and z and then never actually does anything. It will be obvious from a chronology she only jumped when the SEN team or school rattled her cage. If the LA try and make out they have concerns about you as a Mum then you can point out how their SW did nothing so they cannot have been that concerned.

What you can do is keep asking your GP to record the facts about the sores in the GP notes. Presumably the GP can say when he examined DS on x date he had many sores, and when examined on y date they had mostly healed / disappeared. There is no evidence other than from your DS the sores are due to gnat bites so I would just ignore that - if it becomes an issue you can ask the LA what evidence it / school has that it is gnat bites. A Tribunal will see that DS version of events may not be reliable.

I would not ask your GP to say anything that goes beyond his remit and expertise as that will allow LA to undermine his opinion. Just ask him to continue to record the facts. e.g. it would be worth taking DS back at end of summer if further improvement in sores. Try and keep the GP on side.

Do you have photos from the last tribunal with similar sores? If you have photos of sores going back a long time then that is good evidence it is not gnat bites! You could show these to the GP as evidence that you are not inventing the self harm.

I am assuming you are not going to send your DS back to school? If you did then you would quickly get evidence self harm is linked to school, but understandable if not want to go there.

Is there anyone who can back up the pattern of sores being linked to school? A swimming teacher or scout leader or friend? Any evidence you can collect just in case you need some back up

It is a different ballgame for the GP to sign your DS off school long term than it was before the summer and really the GP or CAMHS would need to dx some kind of anxiety etc. LA are not going to want to pay for home tuition without evidence and you will have to consent to some sort of medical assessment of anxiety. Otherwise they will treat you as HE.

It is not out of order for LA to ask for GP opinion as to what level of education your DS can manage - especially as you brought the GP into it and he was withdrawn for medical reasons - although the LA and GP should get your consent to this. After all you have asked for home tuition and in assessing how many hours is reasonable for your DS to participate in then a medical view as to what your DS can cope with is needed.

Obviously the LA is not asking for advice to work out how much home tuition to give you but to undermine your case! But that does not mean their request for medical evidence is on the face of it unreasonable. Although doing it behind your back is.

I personally would not kick up a fuss now. I would write a very brief FOI request for your DS's GP notes and LA file - you don't need to give a reason but if asked just say you need info so you can prepare for Tribunal. You will then get copies of all the letters between LA and GP, and with anyone else e.g. SS. I would write this as a separate one line letter to the GP and Data Access Officer at Council

School and LA are clearly going to paint you as someone who is subverting the process e.g. making GP sign your DS off school, inventing self harm etc to get your own way over the statement. Thats why I think you have to be careful about being seen as really reasonable. They will want to paint you as someone who is difficult and obstructive and unreasonable so you have to be the opposite however much that sticks in your throat and means letting other stuff go.

When it comes to the appeal you can do a chronology which shows that LA lied about GP (if that proves to be the case).

Do get legal advice if you can and check with them what to do. In terms of replying to the LA I personally would keep it polite and brief. Ask the LA for a copy of the GP evidence they are referring to. Then say that you remain of the view that your DS is not fit to attend school due to anxiety. The sores were caused by self harm not gnat bites and that the self harm stopped immediately when you withdrew him from school and his anxiety reduced. If he returns to school in Sept you expect the anxiety and self harm to start again. You could say that you consider that your DS should be properly assessed by CAMHS, they are the experts in anxiety, and until that assessment is completed you will be keeping your DS at home and expect the LA to make the necessary home tuition arrangements. (obviously thats assuming you are not sending your DS back in Sept)

In a way the LA are stuck as if your DS goes back to school and does self harm then they will quickly be proved wrong and will they actually want this evidence against them at tribunal?

But you have to be super super careful to look absolutely squeaky clean to a Tribunal or SS investigation. Making it clear you are happy for your DS to be properly medically assessed shows you have nothing to hide.

Hope that helps. PM me if you ever want to discuss away from here.