It's o.k for LA's to break the law apparently

[itstinks]

according to the LGO.
The investigator acknowledges that the LA has a legal duty to supply a full time education but has made a judgement that they didn't think the child would have coped. So that makes it all o.k then
It just seems pointless even complaining if the LGO can just make a judgement based on nothing other than their opinion on the matter. It just means that the LA's can continue breaking the law knowing there's no penalties for doing so.
Would the DofE be interested do you think or is that just another waste of time?

Yes, it's perfectly ok for LAs to routinely break the law.

I complained to the DofE - who told me that my LA had broken the law but because I got what I wanted via Tribunal, there was nothing the DofE could do further. They told me to complain to the LGO.

My complaint is still going through the LGO. But I have a feeling that they too will say I got what I wanted via Tribunal so go away and be quiet.

Initially my MP said, you got what you wanted so why are you complaining, but then I pointed out to him that that makes a total mockery of a law decided to protect vulnerable children. So now he wants me to keep him informed of the LGO's investigation.

So yes, it is a waste of time complaining to the DofE. BUT you should still complain. In my little brain of thinking one day there will be justice on this (yes, I'm still an optimist), if everyone complains, then "they" won't be able to say everything is fine and wonderful in the land of SEN and LAs.

I was in this position with dd a few years ago, when lea told me my dd wasn't entitled to an education when we moved counties, dd statement wasn't followed etc, in the end dd was given 5hrs a week at home with a tutor, I went to the LGO and lea said my dd wouldn't cope with school,(dd was in ft ss in other county and coped) LGO found in favour of lea,
our mp wasn't happy with the outcome, did you know a child has to do at least 24hrs a week in education for parents to claim child benefit? if child benefit stops then so does child tax credits, and in my case child support stopped as well,(I was single at the time) I was left in a financial mess,

The 24 hours a week is an interesting wee factoid I'd wish i'd known when DS was being forced to be part time only. as it was the job centre kindly wrote to the LA on my behalf lol!

Got the feeling it's one to throw at em when needed for the future too!

Home edding at the moment while new county sorts stuff out, so interested to hear of others experiences in this area.

I assume the child benefit condition is in relation to post-16s? I wasn't aware of any condition on child benefit for under 16s.

Yes, the LGO can say all too easily, we note the legal duty but it is not maladministration for the LGO to break the law.

I could have judicially reviewed them on a similar issues but with yet another Tribunal and JR for failing to educate pending, I decided to apply my resources elsewhere.

I think they fear LAs with their deep pockets and it is easier to piss off a parent, frankly, then a corporate body.

The system is in such a mess because of the abject lack of accountability and oversight.

my dd was 14/15 when I couldn't claim child benefit, child tax credits, or child support, I ended up having to pay csa back, as they saw it as an over payment because I wasn't allowed to claim child benefit, dd wasn't in education for 24hrs a week. look on gov website on rules for child benefit.

There are no conditions on child benefit (as opposed to other means tested benefits) for under 16s save for the cut off over 60k earnings.

sorry before the 60k rule came in there was conditions, this happened to me about 4yrs ago, I was left living on carers allowance, and £4 a month income support, as you can imagine lea left me in a financial mess with not supplying enough school hours for me to claim child benefit, I couldn't leave dd on her own for 5 mins as she's classed as high risk suicide, so couldn't work. lgo still found in favour of lea.... lea can get away with anything