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LA PULLED OUT OF TRIBUNAL

23 replies

daisy5678 · 29/05/2010 10:38

dEJA FUCKING VU. THIS HAS HAPPENED 3 TIMES BEFORE. Oops, sorry, unintentional capitals!

So, they had until next week to send their case statement. Case officer tried to start it but realised, in her words, 'there is no case'...something which was clearly obvious from the start, as the evidence ain't changed. They've agreed to everything I asked for (which, tbf, was only what was on the Statement before).

So, obviously I'm really happy, but they always do this - refuse to give J what everyone involved says he needs, because the bloody Panel 'feel' he needs something different, without even knowing J. So then I have to fill in Tribunal forms and spend hours photocopying and writing a case statement and then they back down.

Do I still make the formal complaint about the shiteness of the system, even though it's worked out OK again for now? The complaint's 90% written anyway. Or do I save it for a future occasion?

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fightingtheLA · 29/05/2010 10:54

I've not had experience of this (yet) but I would definitely complain. They seem to not care about putting parents through the emotional wringer. It's hard enough having a child with SN but the lack of help and support you get is shameful. I would submit complaint now and hopefully there might not be a future occasion!

silverfrog · 29/05/2010 10:58

Firstly congrats!

Secondly, at the very least a stiff letter to all concerned (cc'ed to everyone obvs) saying what you said above - that the case hadn't changed because, err, the case hadn't changed so the waste of time/effort/money (for ALL - LA inc) was unwarranted.

If you have the energy to go for the full complaint (after all, you have time on your hands now ) then is say you have a reasonable case on LA messing you about, especially some not first time.

StarlightMcKenzie · 29/05/2010 11:10

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daisy5678 · 29/05/2010 11:23

Thanks!

Hope you get a good response, Starlight.

No, he's not been denied what he needs as school kept funding as they knew I'd win Tribunal so said they would fund till then. Will now apparently be backdated funds heading their way.

You guys seems to agree with what my instinct was. They do this to so many people and the system stinks. My complaint will ask for reforms to the crappy panel decision-making process, members of which openly say that they ignore advice from schools and parents as they exaggerate, so make decisions based on their own 'feelings' .

I guess the only damage has been to me, my stress levels and my loss of anything other than Tribunal research and prep. But that is quite a big loss for J too, as a stressed and tired mother isn't ideal!

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wasuup3000 · 29/05/2010 11:25

It happened to me too star in April.

wasuup3000 · 29/05/2010 11:27

Congratulations givemevodka. My son is also getting some funding whilst the process proceeds...

debs40 · 29/05/2010 11:27

I would complain for the sake of others as well. All those parents who would have been put off by now - which is surely the point.

I think these people forget that they are paid by the public purse and have a duty to exercise their functions reasonably and accountably. Not only have they caused you anxiety and stress, they have possibly deprived your son of the assistance he required because of making an entirely unjustifiable decision which no reasonable LA should have made. This is what makes it judicially reviewable material. It has probably wasted LA (i.e. public) money in the process.

A copy sent to your local MP would be good too as the more people who can see what the experience can be like for parents the better.

Glad they've eventually seen sense!

StarlightMcKenzie · 29/05/2010 11:29

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roundthebend4 · 29/05/2010 11:48

glad you won but pita that it had to get that far

StarlightMcKenzie · 29/05/2010 12:27

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daisy5678 · 29/05/2010 12:48

I don't have CAT but think I can accept them (? never tried!). Otherwise, am on TTR. Sounds intriguing!

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PipinJo · 29/05/2010 12:54

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StarlightMcKenzie · 29/05/2010 12:55

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StarlightMcKenzie · 29/05/2010 13:05

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daisy5678 · 29/05/2010 14:05

I've not got anything yet on TTR and don't think I can get CAT messages though my settings say accept CAT messages as emails. TTR easier, I reckon.

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StarlightMcKenzie · 29/05/2010 14:23

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StarlightMcKenzie · 29/05/2010 14:24

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WetAugust · 29/05/2010 15:08

You should raise a formal complaint against the Council and send it to their Chief Exec. wasting time and money and causing parents unnecessary distress is maladministration.

You will then be expected to exhaust all 3 levels of complaint within the Council process after which you can take your complaint to the Local Govt Ombudmsman.

I did.

daisy5678 · 29/05/2010 15:47

That was the plan, wetaugust, but am waiting for some FOI stuff to back up my complaints which they're refusing to send me by claiming that they can't do it in under 18 hours - but they're not referring to the thing I actually asked for, which will take about 20 minutes - they just don't want to send it to me (and I guess I know why ).

They've also 'forgotten' to send me the panel notes about J - again, I can guess why, having seen some of them by another means: they have always claimed that no panel decisions are made with funding being a factor, but these notes specifically discuss J's support with regards to funding. So I guess they're that I want them but I know they'll be the icing on the complaint cake.

Just wondered if it would be good material to get them to back down next time (cos there will be one) but complaining now might stave off further decisions in the future. And hopefully make the local system work a bit better for everyone.

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daisy5678 · 29/05/2010 15:47

Have emailed you on yahoo, star.

(I liked the laugh)

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WetAugust · 29/05/2010 16:06

I found that, since complaining to the LGO, the Council take requests from me much more seriously and now I always get a prompt service.

I wonder why

daisy5678 · 29/05/2010 18:50

Up to this point, the unofficial oomplaints that I have made have resulted in certain people really hating me, and , unfortunately, 2 of those people are very high up in the decision-making process, something I figure isn't a coincidence when nonsensical decisions are made. It has stared to feel very personal, and I have evidence of that in the case of one person (who has begun telling my colleagues private stuff about me and J ).

I guess official complaints can't make that situation any worse and might even make it better if these bosses' bosses find out what's been going on. Maybe. Being a council employee has put me off makign official complaints too, I guess, but no more!

The good thing is that at least one person (this Tribunal case officer for the LA) admitted, in front of witnesses, that J is really a special school candidate but that there is nothing suitable locally, so anything they have to pay to keep him in mainstream is a money-saver for them. That works out well for me either way in future, whichever direction I decide on for J for secondary: special or mainstream .

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daisy5678 · 29/05/2010 18:52

Sorry, that wasn't clear. It works out well because they've admitted lack of suitable provision locally.

Obviously it would work out far far better if they did have suitable provision locally!

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