Information disclosure within the SEN system: your stories

[inappropriatelyemployed]

I have what I think is some very interesting news about a possible campaign.

I have met with leading international privacy lawyers who are prepared to act for free in relation to raising the issue of unlawful information sharing between LAs and their NHS colleagues in the SEN process. This will include issues of disclosing reports to Tribunal without consent, passing on information without consent, discussing our children to fix up reports and inaccurate information in reports, etc

They have said they will organise a meeting with the ICO and throw their weight behind lobbying for the issue of clear guidelines.

The firm are prepared to do all the leg work for this as a pro bono project. They are looking for case examples of these practices so we can compile a dossier.

I know some of us have been on the receiving end of some very shoddy practices.

Can you PM me if you would like to get involved by sharing your story? This would be treated confidentially and used just to lobby the ICO. it could be anonymised if you would prefer

[KeepCalmGoCrabbing]

If it looks like shit, and smells like shit, it's probably shit.

Dear god, please give me the strength and courage not to say IE's words above to my LA when I met them in the Tribunal room. Please also give me the courage to not shove their illegal Statement where the sun doesn't shine.

I'm with you IA. I've yet to find any 'good practice' in my DC's story. Just illegal practices.

[MumuDeLulu]

Did you know that NHS choices has a sort of trip advisor section? It's a b**r to find, but basically you select your hospital or trust, find the children's services section, then let rip about the poor excuse for SLT services etc. Or compliment them on the stray petal of apple blossom, obviously

[StarlightMcKenzie]

And keeping with the 'theme', I don't think most SENCOs know what good practice is, or Advisory Teachers, or SEN Managers,

And I KNOW that the LGO don't know what good practice is, feck, they don't even know what the LAW is!

[MumuDeLulu]

iwantgreatcare also patient opinion
are a way to bypass existing compromised 'parent groups'

Of course, we could simply wait for Jeremy Hunt to announce that the world-renowned CQC is ready to introduce its upcoming ofsted-style reporting system .

[inappropriatelyemployed]

Star but you are talking about good practice and basic compliance with the law as if they are the same thing. They are not.

If there was a campaign which said - we want lawful SEN practice, that is one thing.

A campaign to highlight 'good practice' that is likely to be little more than lawful practice is misleading

But I am all for a campaign to make SEN practice lawful. I think you do that by setting out the law though rather than describing lawful practice as 'good' iykwim

[inappropriatelyemployed]

Thanks for the links Mumu!

[KeepCalmGoCrabbing]

Just two months ago I found out (through DPA material) that my DC's Statement had been finalised in a manner that breached/broke a specific clause in the Education Act. It also was breaking specific clauses in the SEN CoP - which, although is only a 'code of practice' should be followed by LAs. My solicitor didn't want to know as it's 'common practice' that a Statement is finalised in such a way.

In my day job, if I blatantly broke specific clauses in a specific laws relating to my work, I would a) loose my career b) personally be subjected to financial penalty c) if it involved a 'contract' (such as a SSEN) then that contract would probably be null and void d) I would probably also personally get a big rap over the knuckles from the ICO.

But LAs staff can do this breaking of law day in day out and 'get away with it'. I want lawful SEN practices. I want heavy penalties for both staff and LAs who break the law. I want Statements that have been illegally written/finalised to be declared null and void and then properly re-done.

The law doesn't need to be set-out. It is already set-out. LAs have to be made to follow the law - just like everyone else has to do in this country.

[StarlightMcKenzie]

Can you/how do you get information under the DPA if it is 'carefully' doesn't name you or your child but is undoubtedly ABOUT your child?

[StarlightMcKenzie]

Yes, all this nonsense about needed to 'reform' the SEN service provision because it isn't working.

There's nothing wrong with it. There is something wrong with the regulation of it.

I almost don't care what the law is, provided it is enforced. At least parents wouldn't be stabbing in the dark and wasting resources under false pretences.

[inappropriatelyemployed]

Star it doesn't need to name you or your child if you or your child can be identified from it. Then it will be covered by the DPA

Keeping, I agree, the level of resignation on the part of all those in the system is depressing. However, my current solicitor is not like that and will always try and present a way of challenging poor practice.

[MumuDeLulu]

Wasn't that the first idea of the new Bill though?

To remove dc's legal right to a suitable education, and replace it with a 'best endeavours' system, so education effectively becomes discretionary, like health and social care provision.

[StarlightMcKenzie]

So if ds' statement was sent anonymously to various schools I can request a copy of the accompanying correspondence?

[StarlightMcKenzie]

I just left feedback re SALT for hospital using first link and had it rejected because it could be considered defamatory and/or libellous.

I said that the SALT service didn't respect patient confidentiality and colluded with the LA before a SENDIST tribunal, plus changed reports after they had been written.

It's the fecking TRUTH and I can prove it ffs.

[bochead]

I agree what we really need is to see the existing legal rights/safeguards, being enforced on a day to day practical level.

After that I'd like to see Ofsted inspectors with a genuine knowledge of evidence based practice, the law and SN doing spot checks and failing those institutions which routinely fail SN kids. A school should only be rated as "Outstanding" if it can be proven that ALL pupils are progressing to their full potential, including those with SN.

The corruption in the public sector is deep and entrenched. I often think that our kids merely represent the "canary in the coal mine" of the education & health systems in general. The adult functional literacy and numeracy rates for a country with as many years of compulsory education as the UK has is truly shocking.

I loathe and despise "parent forums" as I've yet to come across one in RL that hasn't been subjected to VERY careful vetting and herding to ensure that only the LA party line voice gets heard iykwim.

No parent should be routinely subjected to a witch hunt for merely requesting that those being paid from the public purse to do a job, actually do so. No parent should have to sell their home, sacrifice their career/livelihood, go into massive debt etc, etc just to obtain the basic supposedly universal right to an adequate education for their child, as defined by UK law.

[KeepCalmGoCrabbing]

Star, there should be a paper trail somewhere of 'something'. In my DC's case, the DPA material from the LA showed up a telephone note that Mrs xyz of xyz School (local primary school) called to say that they would 'like to take littleKeep because they have a good track record for dyslexia but only if [named person] isn't sent to them'

That's it. This is the only way I knew that the local primary school had been sent his Statement. No other paper trail. There must have been something else, a cover letter, an email - something. But then the LA didn't disclose the email chain that went to and fro between themselves and the finally named school. The named school declared it, but not the LA.

And the [named person] in the primary school who refused to take DC was not redacted in the DPA material so I know who that child is.

[StarlightMcKenzie]

Is it against the law to send a child's statement to a bunch of schools without the knowledge of the parent even if they have removed the name?

[MumuDeLulu]

Alright. I've got three foolproof ideas to expose the SEN system.

1. Set up lots of spoof websites claiming to be satirical, but post the truth.
   
2. Exploit all possible links with NHS-and-regulators-are-criminals scandal
   
3. We all apply to appear on the Jeremy Kyle show with our LA adversaries

[inappropriatelyemployed]

Bochead - great post as ever.

Mumu - love the ideas. Am certainly jumping on the back of every NHS tweet I see to post link to info sharing blog. Join twitter and help! Love the Jeremy Kyle idea

Star, I have had a few people mention this and I think, if you are identifiable, they should have got your consent. It seems another example if routine data sharing behind parnts back usually with the intention of undermining you.

When I said to our LA they were not to share without my permission, they said, we don't need it. now in some cases that is true but not in every case and they routinely copy people in to their letters that have nothing to do with DS. I pick them up every time but they ignore me.

Well,if wholesale law breaking is your stock in trade and every oversight body backs you up, why would you care what a 'vexatious' parent thinks?

[StarlightMcKenzie]

I think the issue that I just mentioned may or may not be breaking the law, but you have to ask yourself WHY the LA has done it that way.

Why make statements anonymous and send to a bunch of school? Why not just get consent and then send the statement as is?

[inappropriatelyemployed]

That is the crucial point Star - I completely agree. Why do this? We know why. I know a family this is happening to presently.

Their DD has been excluded from two independent schools. They went to a mainstream out of county school to try and get a place and after a trial, the school said we need full-time hours. LA say 20 hours. School said we can't take her on 20. LA refuse to budge.

The other county says, in writing, we support the school and you need to consider specialist placement for this child.

Our LA issues statement with mainstream school (no name) and 20 hours. They are now running around trying to find her a school by sending out her statement to a variety of schools.

The parents have not asked them to do this and the parents don't want the child to go to any of these schools.

In reality, the LA will just try and force a school to take her or why else would they do it.

An 'outstanding' school like my DS' old school who will just not put the provision in place and don't give a shit if the kid fails as long as they keep the LA happy.

[StarlightMcKenzie]

That is EXACTLY what happened to us. Loads of schools must have rejected ds because the one that accepted him was 9th closest. But giving his statement annonyomously presumably deters the parents from accessing the information regarding WHY the other schools rejected him, which would be useful to them.

Also, our LA had just recently got fined for sending out statements with the child's name on.

The 'transparent' way to do that would have been to tell the parents that you wish to consult x school and request permission. If they say no, submit to tribunal to get an order.

[inappropriatelyemployed]

Yes. And why not do it that way? There can be male fides intent not to work openly.

[StarlightMcKenzie]

Could I have sent ds' statement as was to all of the schools and tell them that this is my ds, and then on that basis he is identified and I would have had entitlement to the communications regarding it?

[StarlightMcKenzie]

And has your friend's LA hired a certain solicitor well known for dirty tricks?

[KeepCalmGoCrabbing]

I was astounded when my son's final Statement came to me because it named a mainstream school with SALT unit 20 miles away from us, down a busy motorway. I had never heard of this school and knew noone in the town whose children went to it.

I knew that his Statement 'must' have been sent to the local primary school (this was verified months later when the LAs DPA material showed a telephone message from its head). But my town has two primary schools, plus the local villages all around have schools. In fact I was half-expecting him to be placed in my DD's (now grown up) primary school 5 miles away because her's was the overspill mainstream school the LA use when they can't place NT children when the town's schools are full.

But reading your posts above, I'm now beginning to think that they must have sent it to all the local schools and they all refused to take him.