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Who do you make complaints about the local authority to? DFG refused.

49 replies

yurt1 · 14/03/2008 20:16

Well council have decided that they won't give us secondary double glazing to stop ds1 breaking windows (he's broken THREE now headbutting them) as perspex is perfectly adequate.

My main concern about perspex is that (having seen it used a temporary measure at a friend's house) is that you can't see through it possibly. Being able to look out of the street at the cars is very important to ds1- if he can't this is likely to lead to repeated headbanging - so instead of an occasional headbang from frustration - I'm going to get repeated headbanging- and even if the perspex stand sup I'm not sure his head will.

So am ready to write the letter pointing out 1) why perspex is not suitable 2) that as a child he is entitled to a non-means tested disabled facilities grant of up to 25 grand and this is well within this range and 3) that we want to keep him at home for a long as possible but that if we are to do this is is essential that the LA support us in this. Will also point out that I began this process almost a year before any windows were broken and it is a) their incompetence that has led to them being broken and b) extremely fortunate that ds1 has not hurt himself.

Will copy to MP and counsellors.

But if anyone has any advice on who I can threaten them with (local government ombudsmen????) or any info on where I might find info about DFGs. Is there some sort of time limit for example???

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needmorecoffee · 14/03/2008 20:17

worth writing to the MP.

yurt1 · 14/03/2008 20:23

yesah mine's a bit useless. A Blair Babe (although better since Brown's got in).

Councellors are good (tory funnily enough) but they always contact the press then dh goes ape! (Unlike someone I could mention he prefers to keep things private )

I do know that SS read my blog (was told last week by a SW) so next entry will be on how to complain about SS

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Taliesintraction · 14/03/2008 20:31

Hi Yurt,

Your MP can make noises but will not achieve much.

First rule, do nothing over the phone, nothing face to face, do it all in writing and keep copies.

Then send them a nice letter saying you are so relieved that think there is no danger to your child and that you do not need the SDG to ensure his safety. Now that they have assesed the risk to him you are so relieved that they as experts think he is not at "risk of significant harm" in his bedroom.

Ask them to reply to you in writing and of course remind them, nicely, that they are required to answer you in writing within 14 days ( i think it is - will ask jonkat s/he knows)

You might be quite suprised at the change in mind set

HTH

yurt1 · 14/03/2008 20:36

They do agree that he is at danger though, but they state that perspex will do the job. My argument is that it will increase dramatically headbanging. I thought about asking them to send me (in writing) the health and safety risk assessment that shows that perspex is safe if repeatedly hit and headbanged.

When I had statementing trouble threatening the local govt ombudsmen led to an immediate phonecall and a written reply within 2 days. I wonder whether there's someone official I should be threatening them with again?

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bullet123 · 14/03/2008 20:38

Write back to them saying that the perspex may well be safe, but can they guarantee that your ds's head will be safe with the inevitable multiple head banging that will ensue fro him not being able to watch the cars?

yurt1 · 14/03/2008 20:40

yes that's the line I was thinking of taking bullet.

Is there legislation surrounding DFGs? There must be. I am going to set out their catalogue of sorry errors (such as taking over a year, not sending out paperwork etc etc) but would be lovely if if I could threaten them with someone with the power to do something. Or some time limits etc.

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Taliesintraction · 14/03/2008 20:47

The council will have a complaints officer.

It's allways worth going down that line.

When you speak to them (and speaking is OK) saying that if you do not get everything you want it is going all the way up the system to an external and then the LGO, they will very often make sure the council cave in.

HTH

yurt1 · 14/03/2008 20:58

Thanks- sp LGO is the person? (I'm never quite sure what their role is-= other than it scared them last time )

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mymatemax · 14/03/2008 21:00

could you get his paed or psych to support your request stating that perspex would be damaging to his emotional health & put you & his brothers at increased risk of injury (lay it on a bit) because it will lead to anger & frustration which will lead to self harm & therefore a physical injury.
Surely a risk assessment must take in to consideration factors other than physical safety?

Taliesintraction · 14/03/2008 21:01

You should really work up the council complaints procedure first

But knowing the LGO is on the plot always helps to focus minds.

yurt1 · 14/03/2008 21:02

Hmm paed is useless. Suspect school might back us up....

We're actually going to have to pay for double glazing ourselves now anyway I think because of the broken windows - it's not worth spending 200 quid a pane on crappy glass again.

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daisy5678 · 14/03/2008 21:03

I don't agree that the MP "can make noises but not achieve much".

When I couldn't get J's statement sorted (probably the changes that I wanted amounted to an extra 8 grand a year for the forseeable future), the MP's letter achieved in 24 hours what I'd been trying to achieve for 3 years in one way or another.

The same is true when I applied for the statement inthe first place - no, no ,no, no, oh your MP's written - go on then.

I also found that, when SS wouldn't take J on before the ASD dx as 'ADHD alone is not a complex disability...we agree he has needs but won't help unless he's ASD too' , the complaint to the Head of Children's Services, formally stating that it was a stage 2 complaint as had already complained to SS people, did the trick. We were taken on and assessed (and I know we would have got taken on anyway when CAMHS made the ASD dx, but it was the principle of being told ADHD wasn't a 'complex' problem and them not doing it on needs basis, just going off dx

ANYWAY - following the formal council complaints procedure is essential before going to the Ombudsman. You can;t complain to him/ her until you've followed counil route first. I don't think you need to threaten. I think you spell out your case, referring to as many laws as possible, and then explain how you will follow the complaints procedure to the end and then to the Ombudsman.

I think the 3rd stage of complaints prcedure here is an independent panel ,which my people were keen to avoid, hence giving in on the SS assessment. So I think just following that might be threat enough. Good luck - mad that you have to go through a load of paperwork to get something so clearly necessary!

Taliesintraction · 14/03/2008 21:04

start paying for things yourself and the scene will have been set.

you will get not a penny of what is yours by rights

daisy5678 · 14/03/2008 21:05

Oh, forgot to say - you have a SW, don't you? Have they referred you to the OT (adaptations team)? Cos we have the problem of J smashing chairs into patio doors when he's lost it. She offered to get them replaced with safety glass and said she'd refer to OT team to come and see what other adaptations could be made. Not been visited yet, but have a letter saying we're 'on the list'.

yurt1 · 14/03/2008 21:07

They hadn't agreed to double glazing though anyway talies- as the DFG needs to be external or something. (??)

I have to do something - ds2 and ds3 have a massive hole in their window and 2 panes boarded up. Photos will be included in the complaints letter- it's all rather dramatic looking.

Thanks you givemesleep- that's really helpful. Will start planning letter . I think I'll phone my (very nice) OT on Monday and tell her I'm putting in a complaint.

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Taliesintraction · 15/03/2008 10:22

Yes give me sleep we have found that following the complaints procedure to stage 3 can produce a communication from the department in which they try and do what it takes to shut you up.

Trouble is that the complaints procedure can be a bit long winded and seems to be to be designed in the hope that you will give up and go away..

Hi yurt,

The broken windows are a real plus, stupid as it sounds. Unfortunatly, you have to lay it on with a trowel, make it sound like the place is uninhabitable (or better still downright dangerous) to have a fighting chance of getting help.

In one case I was involved with the fire service had described the living situation as a death trap yet it still took about 5 years to get a grant.

Lumley · 15/03/2008 20:43

We applied for a DFG for our dd so she could have her own bedroom. She has autism and shares with her sister who is 14 months older thatn her. That was 2 years ago and were told that DFGs are not applicable to people who have autism. I do know of others who have had alterations done because their children have ASD but not in our case. We have argued our point and called in our MP but still no joy. Must add that the Carers Centre were particularly helpful. Would be very interested to hear of others who have been successful in obtaining a DFG for their child who has autism.

yurt1 · 15/03/2008 21:24

That's dreadful Lumley. The will give us a DFG (for autism) - but only a cheap option that doesn't meet ds1's needs so is useless.

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yurt1 · 15/03/2008 21:25

Although thinking about it, ds1 might be meeting the criteria because of learning difficulties rather than autism.

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moondog · 15/03/2008 21:32

Some families i work with have found the Children's Commission helpful.Has he a designated nurse and/or SW?
Can't they help?

One family I know of had a carpenter come to their house to creat a special 'stable' door to keep their new baby safe as they were worried for various reasons (don't want to give too much detail but am sure yuo get my drift).

Also did you know that Lions and Rotary club can often fund this sort of stuff? (I am friendly with president of my local Lions and he tells me they have loads of dosh and don't know what to do with it!)

yurt1 · 15/03/2008 21:35

No there aren't enough social workers to give them to children (seriously) - he does have an OT.

Rotary might be worth approaching- that's a good idea. I would feel a bit cheeky asking for double glazing though! (which is what is needed!)

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moondog · 15/03/2008 21:39

FFS
That is ridiculous.
All 'my' kids have designated SWs who co-ordinate everything.
Have you trawled through the Special Educational Needs Code of practice? Very useful if only to prove people aren't providing the service they should be providing.

I'd be firing a letter off to Head of SS for a start asking where my SW is and pointing out that your ds's needs aren't being addressed.

Really,it's worth trying Rotary and Lions.Doubtless these things would make a massive difference to your ds's quality of life.You just need to expalin it succinctly and convincingly,which you will have no probs. with I am sure.

Best of luck

yurt1 · 15/03/2008 21:45

Oh I know its ridiculous. They're not a 1 star authority for nothing. Considering he's going to need a lifelong relationship with them it is crazy. We had a SW, then she resigned so we had another then she resigned so they then decided to take them away from children. My boss works with SS and she said that they have about a 50% (I kid you not) sickness rate.

Have the SEN code of practice sitting on the floor next door I think. Will have a look.

They kind of have us over a barrel now as we're going to have to pay for the window repairs (despite me informing them of the danger 6 months before the first one- which is now repaired by us- was broken). I will complain but I wonder if energy (and very limited time) is better put into approaching people like the Rotary.

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moondog · 15/03/2008 21:48

Health and Safety is the one thing guaranteed to make everyone get the willes so there is another angle to play.

I am friends with a woman with a child on ASD.She got him the help he needed by asking the very lovely SENCO to formally ask for him to be removed from his school on H&S grounds (his and other childrens). Worked a treat.

Trip/phonecall to SNAP?

Seriously though,consider Children's Commision. Maybe even a call to NAS for advice?

yurt1 · 15/03/2008 22:24

Yes, thanks moondog- all good ideas. I'll go through the info I have on DFG's and have a look at the code of practice. I'll make a stage 1 complaint online before the end of the weekend and will ring the OT on Monday. I'll go back through the dates and look at how long it has taken to date (over a year- but I have the exact dates somewhere).

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