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LGO Final View is in

26 replies

TOWIESpringHasSprung · 27/03/2014 21:07

Well this outs me once and for all.

Seven months after formally complaining about my LA's behaviour over my DS's Statement of Educational Needs, the Local Government Ombudsmen has finally found that the LA are guilty of maladministration because of a) their poor record keeping (their recording was so poor that the LGO failed to unravel what had actually happened in my DS's case) and b) the LA failed to consult lawfully with the school they had named in part 4 of my DS's statement.

My LA have been told to personally apologise to me for the handling of DS case. And a senior member of the Council has been told to meet with me to discuss how we can move forward in professional partnership for my DS (this was at my request to the LGO). They have also been told to tighten up their admin to do with SEN and the Statementing process.

I await their apology with interest. But I'm not holding my breath

No financial compensation has been ordered but this wasn't about money - it was about bringing them to book. Which I've done.

Let's hope they've learnt their lesson and won't do it again to some other poor bugger. Although I expect all that it'll make them do is cover their tracks better the next time they try to screw some other poor family over their child.

Thank you to all my MNSN friends who have supported me through this both on and off board. Your support has meant a lot. Particular thanks to WetAugust - Wet, I don't know if you're still lurking but I wanted to personally thank you. Without you, I'd never had done this. You led me step-by-step through this long drawn out process way back in September when I started this particular "journey" in my DS's life. Thank you.

The LGO's decision will be on their website over the next few months. What the decision won't show is how much lying and twisting of the truth went on from the very highest levels during this investigation. It has certainly been an eye-opener.

I would encourage anyone who has had unlawful behaviour from their LAs to complain to the LGO. It takes a lot of time and emotional energy to complain. But one day, there will be enough complaints that someone somewhere will sit up and take notice that this is a morally corrupt system and too much power over our children has been invested in pen-pushing LAs.

OP posts:
bjkmummy · 27/03/2014 21:22

well done towie - i know how hard it has been and the what you have had to go through - i was talking about you to dh this morning whilst we were having coffee. dh is insistent that this time after the tribunal no matter what happens we lodge a complaint as we didnt last time and they as you know have been even worse with us this time.

im so pleased for you and just shows that you should never give up even if it takes a long time to get there.

MariaNotChristmas · 27/03/2014 21:38

Well done! Flowers and Wine

Don't expect much from the apology though.
Lessons learned, sorry you felt service was poor.

Or worse, management speak, personalisation, new HESC plans fab, child always at the centre, communication failures, upgrading IT, procedures tightened, record keeping revamped, have improved staff training, the agency person / recently retired /random scapegoat has now gone

TOWIESpringHasSprung · 27/03/2014 21:45

upgrading IT

Ha ha - that one really made me laugh. As I've already outed myself, I might as well out myself further by saying that I am an IT professional who works in a freelance capacity for top international law firms in London - I used my professional expertise to prove that my LA was lying about a couple of things.

The LGO accepted my expertise in this area and it was this that clinched the fact that the LGO found that my LA failed to consult lawfully with their named school Grin Grin

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WetAugust · 27/03/2014 22:54

Hi TOWIE
Great news!! Wine

I am absolutely delighted that your complaint was upheld by the LGO. That was a fantastic achievement and you should be really proud of yourself for your tenacity and determination to hold those to account.
It probably won't stop them buggering other parents about (as you have already noted) but they will certainly treat you with kid gloves from now on - that was my experience.

I wish everyone would complain long and hard like you did.

Very best wishes

Nennypops · 28/03/2014 00:34

Excellent. LAs really hate adverse ombudsman decisions. if you don't get your apology I suggest involving local councillors and your MP.

armani · 28/03/2014 01:02

well done TOWIE Thanks Wine
fab news!

sazale · 28/03/2014 06:54

Fantastic news!

Nennypops, can you go to your MP if they don't apologise? My LGO upheld my complaint in October and the ombudsman sent a reminder to them in December and still no letter of apology.

babiki · 28/03/2014 07:43

Wonderful Towie!! Can't wait to see who will apologize :)

So much hard work, well done.

TOWIESpringHasSprung · 28/03/2014 09:31

The very top bods at the LA have been lying dealing with the LGO. No doubt that if I get the apology, it'll be from someone much much much lower down.

(If you're wondering which LA it is, the clue's in my nickname Grin )

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KOKOagainandagain · 28/03/2014 10:25

Well done. Thanks

I would frame the apology when you eventually receive it Grin

Enjoy the victory Wine

RaRaTheNoisyLion · 28/03/2014 10:42

So pleased for you!

Odd really that I am over the moon that you are receiving an apology but I guess not many will understand what an absolute achievement that is.

tryingtokeepintune · 28/03/2014 12:28

Well done. Such great news.

ouryve · 28/03/2014 13:57

Great news, TOWIE.

I suspect we're all looking forward to hearing the wording of the apology as much as you are.

TOWIESpringHasSprung · 29/03/2014 21:26

Gone away for a few days. Text from DD (grown-up) to say letter from LA has arrived. Asked her to open it and send me a picture of letter - thinking that this was their apology to me...

Letter from Home Education Department asking me to submit new report about DS's continuing home education.

Errrr - he went back to school 8 months ago - to indie school as ordered against LA by judge in a court of law.

Good to know that LA are on the ball and have taken notice of this week's ruling against them by the Local Government Ombudsman of their maladministration because of their poor record keeping.

The left hand not knowing what the right is doing? Or just another example of their maladministration?

Interestingly, during both Tribunals, the SEN department were very much in touch with the home ed dept throughout, and everything I sent to home ed department ended up at Tribunal in the LA's bundle (although all it did was prove even more my case). DPA subject access request turned up a lot of emails between the two departments.

But once the Tribunal was over and LA lost, looks like the SEN dept forgot to tell the home ed depart the outcome of the Tribunal.

No surprise there then...

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ouryve · 29/03/2014 21:36

Good grief. Talk about arses and elbows Hmm

Handywoman · 29/03/2014 22:02

Bitter sweet but blimmin well done!

MariaNotChristmas · 30/03/2014 02:04

You couldn't make it up!

RaRaTheNoisyLion · 30/03/2014 09:39

Put in new LGO complaint for maladministration. After all you have gone through a letter like that is insensitive, stress-causing and possibly malicious!

TOWIESpringHasSprung · 30/03/2014 09:48

I really did have to laugh.

But it is of concern that the last contact I had with the home ed department was over a year ago. So as far as the home ed department is concerned, my DS is still out of school - yet they haven't contacted me for over a year.

I think they have a duty to contact any home eding parents much more frequently than that?

Maybe I'll drop a quick email to the LGO investigator to say I was surprised to receive this letter Grin Grin.

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RaRaTheNoisyLion · 30/03/2014 11:01

'I think they have a duty to contact any home eding parents much more frequently than that?'

Nah, don't do anything to improve that, unless of course they are going to be offering funding or actual meaningful support.

bochead · 30/03/2014 12:25

A home edded child should still have an annual statement review. Lack of communication between education otherwise crew and sn set may mean records of this happening aren't logged correctly. Guidelines say they should aim for a progress check (could be just a phone call to check everything is fine termly).

Be alert - the next step is to report your child as missing from education as a result which triggers a whole new level of stupidity.

Write to the home ed team enclosing a copy of the statement judgement or the left hand will come stab you in the back while the right pretends to play the game. You need to watch your back from ALL angles.

babiki · 30/03/2014 12:27

Wow - if this was a novel it would be dismissed as unrealistic!! Hahaha sorry, but better laugh than cry at these muppets..

TOWIESpringHasSprung · 30/03/2014 13:02

DS has been back in school for 8 months at indie school funded by the hmmmm errrr LA...

Have just sent an email to home ed person saying surprised have received this letter as DS back at school.

It is very interesting that while my appeal was going on, the two departments were in communication with each other (DPA material showed this and all my correspondence with home ed turned up in the LA's evidence bundle).

Also during my two appeals home ed wanted reports from me in July 2012, September 2012 and January 2013. And then nothing further from home ed - until now.

Will drop the LGO investigator an email tomorrow as the investigation into maladministration only just finished on Thursday. LGO investigator last emailed me Friday afternoon so the case will still be fresh in her mind. Grin

So I guess the communication to all staff my LA told the LGO investigator had already been sent about keeping proper records, hasn't worked!

This is what they told the LGO

"TOWIE County Council accepts that in this case, the record keeping fell below its usual high standards. It also accepts, unreservedly, the recommendation of the investigating officer, in relation to the need to keep proper records of all key steps in the statementing process and
indeed, has already issued reminders to all staff working within the relevant department to ensure that a similar incident does not occur in the future"

(Please don't laugh out lout at the above statement)

You couldn't really make it up if you tried!

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TOWIESpringHasSprung · 12/04/2014 22:10

Well, it's here. Two weeks after the LGO finished their investigation, I have the "apology" from TOWIE County Council - which (unsurprisingly) isn't worth the paper it's written on.

I have posted a photo of their letter on my profile - it will self-destruct in a few days’ time. Click on my name and you should see a photo of it.

The full LGO investigation will appear on the LGO's website sometime in the next few months - including all the lies inaccuracies the LA managed to get away with because the LGO refused to investigate or clarify them – mainly because other “stuff” happened in Autumn 2012 and the LGO judged it to be too long ago for them to investigate - despite the fact this stuff went "out of date" exactly because of the long slow process of the LGO investigation.

It's interesting that the signatory on the LA's "apology" is the same person who wrote lies misleading and untrue "facts" and their own lying version of events to me as part of their stage 2 response to my formal complaint.

And this person's name is all over emails I got as part of my DPA Subject Access requests during my DS's two appeals/Tribunals and she personally took several actions which were an attempt to both bully and intimidate me into stopping my two appeals. As these actions stayed vaguely within the law, it was "legal" bullying tactics.

There is plenty with ALL of my dealings with TOWIE County Council for me to categorically state that the LA is lying mistaken in their "apology" when they state that "there was never any deliberate intention to be devious or to upset you". At absolutely no point during my two year battle with TOWIE County Council did they "work collaboratively" with me. Instead they ignored emails and letters; and totally refused to talk/meet to/with me until I met with them on the day of the 2nd Tribunal hearing; and they lied throughout my formal complaint and the subsequent LGO investigation.

It is notable that when the LA had to respond directly to the LGO investigator - all letters to the LGO were written by the "Executive Director for People" (who is on a salary of £175k) - who is accountable only to the CEO. So top ranking brass at the LA dealt with the LGO. Yet the author of my "apology" letter is way way way way down the food chain

I will go to their meeting with interest - although they've already not acted on what the LGO told them about this meeting - I stipulated that this was not to be on TOWIE County Council premises. My conditions being neutral ground and with a senior member of the council in attendance.

So, what will I discuss with them in this meeting? I have agreed not to mention the past, so it can only be about the future.

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ouryve · 13/04/2014 16:46

We didn't meeeeeeean to do it. Sounds like my 10yo when he's just lobbed a toy at his brother.

No suggestions of what to discuss, but I'm sure you will want to take the opportunity to comment on how much benefit your DS is gaining from his Indie placement.