LGO crapness continues..........

[inappropriatelyemployed]

Over the last two years, I have become well used to the sheer crapness of the LGO but this really takes the biscuit.

The LGO, through their lovely lawyers Browne Jacobson, have stated very clearly that the LGO believes, where the courts do not, that there is a difference in law between 'arranging' provision and 'delivering' it so that it is perfectly ok for children with SEN to be without provision for several months - not because the LA didn't have a therapist, or someone was ill, just as a matter of routine with no explanation sought for it.

Also, despite the fact that the SEN COP states at para 8.109 that LAs must ?arrange the special educational provision...from the date on which the statement is made?, the LGO says this doesn't really mean that and that although the duty is absolute, delay is fine.

Seriously.

Anyway, given this tosh, we decided to ask for a case review and make a formal complaint about the conduct of this matter before proceeding down the JR route. I have additional evidence, my MP has made a complaint himself about the way they dealt with his evidence and we have had three provisional views and two final decisions in this case over two years. It took them 18 months to find maladministration on the facts they had had before them all along.

So solicitor writes to their lawyers and asks for details about the time frame to do so. I ask for time to make submissions. This is agreed in writing.

Then, before we can do anything, cue a letter today closing my file today! Says basically, we know you are going to complain about the failing to arrange as you keep banging on about the Education Act, but we don't agree with you so we're closing your file. Fuck off!

WTF Seriously, this is an Assistant Ombudsman. I am livid. What a fucking disgrace.

From LGO website: Outcomes and remedies

There are several possible outcomes. If we do not find sufficient evidence of maladministration or service failure causing an adverse effect, or if we feel that the complaint is outside of jurisdiction we will write to you explaining why. We will of course consider any comments you may wish to make. If we do find fault in the council?s actions that has affected your client, we can ask the council to take action to put things right. There are many ways of doing this.

The Ombudsman will take into account your client?s views when deciding on the most appropriate remedy or settlement. Most of our decisions are made by letter. Sometimes, if [we feel?] resolution is not agreed or there is an issue of public interest, we issue formal reports.

There was something on here a few weeks ago about vague feckers writing vague shite to other vague feckers about their vague vagueness. No point complaining about a need for quantified, specified, timely action to a body which was deliberately set up with a remit to provide outcomes that are vaguely defined as unquantified, unspecified, timeless waffle.

"We can ask the council to take action". This bit stands out though.
Mr Policeman, that man hit me with a hammer.
Hmm, I'll see if I find sufficient evidence he was using it wrongly, decide if I agree it hurt you, and then see how I "feel" about whether it's my jurisdiction. Then I'll consider your comments, and see if I find a fault in his actions that affected you. After that, I can think of many ways to act. I can ask him to put it down, ask him to apologise, ask him not to do it again, and ask him to use the hammer properly in future.

If you're not happy, or if I think it's important to deal with the hammer man issues more generally, I might write a report. On the other hand, I have a vexatious complainant guideline, and using that might be easier.

IE, I can't believe you trust the ombudsman system (and yes, I know we should be able to). Toothless bodies with a vague remit to look at stuff secretly surely would make Ofsted/ NICE/Ofcom etc look like shining examples of good practice. TBH, perhaps these are more independent.

Are you able to supply enough detail/draft for us to write to our own MPs about this? Would that have any impact?

I mean if this 'issue' has implications far wider than your individual case, which I rather think it does.

the police, or the NHS or even teachers

Ah yes, but within these groups, there's usually, eventually, someone, somewhere who is close enough to retirement / social isolation/ emigration / burnout/ getting stuck off/ being sacked /finally getting revenge on an old adversary

to risk saying "feck it" and breaking ranks.

Great post as usual Mareeya.

The outcomes were of course that it is ok to break the law and, anyway, law schmaw, who is to say what the law is when we get down to it? Those judges have only dealt with different cases not this case and by establishing a principle that there is no 'best endeavours' defence in law to a failing to put statementing provision in place, they were talking about that other kid. Not us and you.

Now of course you can use our complaints process http://www.lgo.org.uk/making-a-complaint/complaints-about-us/ here and we will happily wait to receive it.

Oh wait a minute. No we won't. Be a dear now, take your MP, your lawyers and your charities supporting you and fuck off, closing the door behind you. We have got work to do. LAs won't defend themselves you know.

As George Orwell said ?During times of universal deceit, telling the truth becomes a revolutionary act.? Are there really no decent people left?

I don't trust them Mareeya to do a proper job investigating but I didn't know that 2 years ago when I started this.

I am, however, still shocked to see their scant regard for lawyers, MPs and everyone else. Least of all children.

Star - I will think about that. Thanks.

ombudsmanwatchers.org.uk/evidence_archives/lies/lgo_what_lies_beneath.html

You know this lot right?

Still shocked to see their scant regard for lawyers, MPs and everyone else. Least of all children
IE, you've not worked in the public sector, right?

This was a documentary, not a comedy.

Well I have and nearer to the Thick of It than you can imagine - the House of Commons!

What I like about 3rd world banana republics is that everyone is HONEST about the corruption, from the moment you have to slip some jobsworth a fiver at airport arrivals. You know where you stand, and can arrange your plans accordingly.

The SN "industry" on the other hand stabs you in the back at every turn, & delivers it's harshest blows via marionettes who have the AUDACITY to pretend they "care" more about your child than you do. You may not get an overt visual of the "backhanders" and inducements to malpractice that exist, but exist they do.

We all need 3 specialist skills

1. We have to be BETTER parents than our peers generally.
2. We have to acquire the theraputic, legal, and pedagogical skills to fill in the gaping holes left by inadequate provision at every turn. (that includes healing any emotional damage to the child btw, not just life skills & the 3R's etc).
3. We have to know when a specific battle is worth the fight - eg , a nervous breakdown brought on by exhaustion in ourselves, extensive damage to the quality of our family life or it's very destruction? (it's not always the headline battles such as Tribunal that can bring you to this point btw, the drip drip effect of a poor CT or TA could be enough in the right circumstances).

Star makes a very good point as I honestly think that it's our isolation as individual families that provides the "enemy" with it's greatest source of power to use against us, rather than any specific points of law. It's so easy to feel you are the only one to have endured a particular trick.

A excellent post Bochead. Truly excellent.

I will chat this through with my solicitor and see where we can go but I think, legal issues aside, it is appalling for Ombudsmen to close down complaints like this.

I have gone back to my MP also. Put a bit on my blog too.

You can quote me on your blog if you like, seeing as how I'm currently being gagged IRL from expressing my thoughts in my own name.

I spoke to the LGO recently (about just one of my issues) who appeared very helpful, now I just don't know whether to carry on or not anymore . On another issue I have I can't go for JR as I only found out about what had happened outside the timescales (due to cover up's). LA are trying to fob me off at every opportunity e.g they are certain it did not happen . However, I do have a hell of a lot of evidence and it's just knowing the best way to use it. Am waiting for Ofsted and a major charity to get back to me but what if the school and LA manage to pull the wool over their eyes? Police and national press maybe? I am just determined that some schools should not get away with treating SEN children as they do .However, the more 'outstanding' reputation they have the more the level of protection around them. I know you should pick your battles but when literally criminal action goes on surely you have to do something?

Great thanks. I will create a page for parents so let me know if anyone else wants to be quoted anonymously obv!

They are utter utter shite and I feel your pain.

OT provision (in Part 3 of Statement) withheld for 2 years here and they don't give a fuck. Nor do they care when confronted with hard evidence (FOI-obtained data) to show that LA are lying.

Did you see this? [http://www.guardian.co.uk/local-government-network/2012/jul/26/local-government-ombudsman-simon-danczuk?newsfeed=true]

The SEN team know less about the law than most parents and seem to have an unswerving bias against parents.

I have no faith in them and wish they acted as an actual deterrent to wrongdoing rather than the cheerleaders...

God. That is terrible. I saw that article. I submitted evidence to the Committee which is in its report!

Add your story to my blog if you want. PM me.

Bochead you are on there. Let me know how you want me to describe you - PM me.

boch, is that gagging thing still going on? . We've got off very lightly (so far) . Our LA is stingy, rude and dismissive and moderately incompetent, but they're not the worst.

The laughable thing is, if the many people complaining about their dc's SEN experiences were actually psychopathic, vexatious, difficult-to-please, imaginative, paranoid, FII etc... they'd be making up much less lurid tales.

why bother, if it's just one issue, it's very simple, and it doesn't involve expecting the LA to apply SENCOP etc, you might be ok with the ombudsman. Just to confuse things further, not everyone there is useless.

Thanks Mareeya. It's mainly around failure to provide fulltime education so I'll give it a go I think.
Also,following your advice to Claw about final statements, do you know if it's usual for a sm to be finalised and the child immediately taken off the register of the school that they're already at? Even when there's no place yet available at the school in part 4?

I think to be honest any SEN area seems difficult for them to deal with openly. If you look at the examples from their SEN web page you can see they allow maximum latitude.

Don't expend too much energy - emotional or otherwise. Have you been through the LA complaints process?

Yup - I am clearly now being ignored. I requested an electronic copy of this review letter closing my case and have not been responded to.

I did that before I read the para saying 'we won't be answering any further correspondence'

Simply shocking.

Surely they have to respond to a DPA request though?

Interesting point. Perhaps an FOI request too - by someone else?