Unscrupulous, lying, cheating, devious, LEA

[Kathryn]

So angry I can hardly type this.

 

As my daughter is now 18 I had thought that the problems we had with school support, statement battles, appeals and the misery we experienced with all of that, was way behind us, and I could get on with supporting my daughter through further education and through my experiences, supporting others and campaigning to make things better.

 

But the long shadow of the LEA has fallen across us again.

 

A bit of background: By a strange quirk in the FE system, although college funding is provided by a different body, the local authority remain responsible for providing post 16 transport. So L's transport to college was agreed by the LEA three years ago, and OK'd by the very same senior LEA official who gave us so much hassle over the statement - I suspect to get us off her back.

 

So for the past 2 years, L has been getting the college transport provided for students with disabilities. Without it we'd have difficulty getting her there as we're a one car family, and we don't have a car at home in the day, even on the days I don't work. She has a physical disability which means she can't walk very far, and because of her autism she has all the difficulties associated with using public transport which I'm sure you know about. She could use the bus but would need someone with her. Although it's less than a mile - a 30 minute brisk walk for a fit person, for her it may as well be fifty miles because she couldn't do it - end of.

 

Now I've just spoken to L's Connexions worker to be told the LEA have turned down the renewal of her application for transport - wait for it - on the basis that she never had a statement.. As you may know, a statement has no force or relevance at college level - it terminates automatically when a child leaves school. It is also no indicator of actual need, only of a particular school's inability to fund support - and we are long past that stage. So for the LA to use this as an excuse to turn her down for transport is preposterous. Thier own transport policy clearly states that requests for transport can be considered on the basis of the Connexions advisor's recommendations.

 

The LEA office who authorised transport in the first place has lied to the Connexions advisor - saying she had nothing to do with it and that it was a mistake and the transport should never have been agreed in the first place. They are refusing to budge. At the moment, as it stands, L will have no means of getting to college when she goes back in September and this is freaking me out.

 

My head is spinning - trying to think where we go from here. At the moment possible courses of action which have occured to me are:

 

Writing to MP

Contacting the DRC to see if there's any disability discrimination legislation we can hit them with

Contacting the media - there is some interest already surrounding our LA's new " SEN funding policy"

 

I have always been half sorry we didn't pursue the LEA for the way they dealt with us over the statementing debacle and need no excuse to jump in and fight them this time.

 

Much more important though will be shielding L from all this so she doesn't worry, and getting her to college next year where she can continue her slow but steady progress - (she has just passed the first public exam she's ever done). So I'll also have to investigate alternatives to the LA bus - although not much has presented itself so far - and I knew this was coming so I've been checking things out for a while.

 

You'd think, after all the LEA have done, and failed to do, while L was at school they would try to redeem themselves by doing the one small thing that is in their power to do, to ensure a smooth experience for her at college by helping her get there. And it really is a small thing - a ten minute drive and we live directly on an existing route into college - it surely costs the LA no extra to transport her, for ######'s sake.

 

Thanks for listening and letting me get this of my chest. Any thoughts, comments, suggestions, experiences welcome!

Edited August 16, 2007 by Kathryn

[ASue67]

Am not surprised you are mad and angry - I would be as well!

 

Am sorry I don't have any suggestions for you but just wanted to send you a <'>

[brooke]

Really sorry i cant belive they can do this i think i would do all the courses of action you suggested just sorry it has come to this its a disgrace

<'> brooke

[Bagpuss]

Kathryn, this is utterly disgusting. How do these people sleep at night?! I hope someone can help <'> <'> <'>

[annie]

 

I feel so angry for you Kathryn.

 

Annie

<'>

[bid]

Go for the jugular, you've got nothing to lose

 

So, so sorry <'>

 

Bidxx

[baddad]

Go for the jugular, you've got nothing to lose

 

So, so sorry <'>

 

Bidxx

 

 

I'll second that - if the LEA is run like a three-ring-circus, go for the juggler!

Not sure I have any helpful advice, other than that it seems to be the norm with LEA's that you have to fight every inch. Do that long enough and hard enough and you can win if the rules and regs back you up... if you say they do, I know you're right - so go get 'em tiger!

 

L&P

 

BD <'>

[pearl]

<'> Kathryn <'> What a mess. Hope you get something sorted.

And well done Laura for passing her exam

[smiley]

What a nightmare <'>

 

Just when you think your free of the flamin' people too

 

Big deep breath - sharpen elbows - and start shoving!

 

<'>

[Kathryn]

Thanks for your support all. I'm feeling a bit rubbish at the moment to be honest - we haven't been able to have a family holiday this August as L won't go anywhere except her grandparents and they're too busy to look after her at the moment.

 

Also today is the day the A level results came out, and it's a poignant reminder that if L had stayed at school, this is the stage she would have been at. So I really really didn't need to hear this today.

 

Enough moaning! Tomorrow I will gird my loins (whatever that means) once more, and get on with the battle.

 

K x

[Frangipani]

Hi Kathryn,

 

I am so sorry they keep putting you in this situation.

 

All I can suggestis to write to the local MP or make an appointment to see them. Failing that, don't your Paediatricians how power to kick ass, power over these so called authorities. You ay have never tried this avenue, our Paediatrician certainly kick's ass when needed. Other than that, sending you lots of cyber hugs <'> <'> <'>

 

love

><Frang xx <'>

Edited August 17, 2007 by Kathryn

[LittleRae]

<'> >< I'm with Bid on this one. I'm so mad for you. Everything you and L have achieved has been in spite of the LEA. I'd get back on to 'that woman' spitting fire. Tell her this is the day that she would have received her A-Levels if they had done their job in the first place. I know if it was me I'd be threatening to take them for every penny they should have spent on her thus far. Surely a small matter of transport is not much to ask for instead...

 

Not being UK-based, I've no practical advice for you just <'> and very well done to L for succeeding in spite of them.

[Cariad]

I'm so sorry Kathryn. The LEA are awful, every experience I've had with them ends in tears. Fight them all the way I say, pull out every stop and make them eat their words. As you probably already know ring IPSEA /NAS anybody to fight them. They are supposed to help us and only make our lives hell.

[Kathryn]

Tell her this is the day that she would have received her A-Levels if they had done their job in the first place. I know if it was me I'd be threatening to take them for every penny they should have spent on her thus far. Surely a small matter of transport is not much to ask for instead...

 

My sentiments exactly, Little Rae.

 

Sadly our LEA is not into doing the right thing or even the halfway decent thing. We learned that when we were fighting for the statement - the LEA do everything they can to avoid their legal responsibilities - let alone their moral ones. And when it comes to the further education system, the law is a lot less clear cut - there is no appeals system and no obligation to provide anything - only guidelines, which are left to local authorities and colleges to interpret as they see fit..

 

Our local authority motto: if you can avoid spending money, don't.

 

Still we will battle on. In the meantime, if anyone has any experience of using disability discrimination legislation in a similar situation I'd like to hear your experiences.

 

K x

[Frangipani]

Still we will battle on. In the meantime, if anyone has any experience of using disability discrimination legislation in a similar situation I'd like to hear your experiences.

 

K x

 

Can NAS give you some advice and good contacts for a good legal advisory service for discrimination.

 

I did a bit of investigating myself you may remember. We were referred to a department like this Legal advocate for Disabilities Discrimination. Remember when B's Special Needs team were fobbing him off. I rang them and they advised me to write to the Head of the Department that I had been advised to take legal action through ........ Discrimination board if xyz didn't happen. Well this was enough to make them accountable and immediately a meeting was set up with B the centre of it, asking, what is it you need us to do- we listed at least six things and all were granted - literally everything on a silver platter.

 

Perhaps ring NAS for the legal service in your area, which should be free legal advisory and you should be able to just ring them up on the phone and advise them of your grievances. They will advise you on the spot what to do - and may recommend you to get back in touch with them to take it further - if you continue to get fobbed off. They will support you - You DO have rights - we ofen put up with things as we don't know the law. In your daughters case go for the jugular; they deserve it. tell them everything.

 

All the best

Frang

[Kazzen161]

I think your LEA is the same as mine Kathryn. They have clamped down really hard on all school/college transport.

 

16+ transport is reviewed every year. My son got it last year, but they were expecting him to be able to use public transport this year. They turned him down at first, but my Connexions worker gave them more info (that it was a complicated trip by train, and that he would need training to do it + his social problems), and he has got it for another year. Doubt he will get it next year.

 

It sounds as though you could put together a good case, especially as she has a physical disability too. Have you gone back to them with even more info, explicitly explaining why she cannot use the bus or walk? A child who has a purely physical disability woudl not necessarily have had a Statement, so that cannot be the only criteria.

 

Getting your MP involved can help.

[Kathryn]

I think your LEA is the same as mine Kathryn. They have clamped down really hard on all school/college transport.

 

16+ transport is reviewed every year. My son got it last year, but they were expecting him to be able to use public transport this year. They turned him down at first, but my Connexions worker gave them more info (that it was a complicated trip by train, and that he would need training to do it + his social problems), and he has got it for another year. Doubt he will get it next year.

 

It sounds as though you could put together a good case, especially as she has a physical disability too. Have you gone back to them with even more info, explicitly explaining why she cannot use the bus or walk? A child who has a purely physical disability woudl not necessarily have had a Statement, so that cannot be the only criteria.

 

Getting your MP involved can help.

 

Interesting to hear your experiences Kazzen. There is a big drive to get students at L's college to do "travel training" so that they can travel independently. It's presented as something which will benefit the students, but it's mainly a cost cutting exercise. I'm all for L learning independent skills but this should happen when she is ready and able and not just because the LEA want to cut their transport budget.

 

I've a feeling the statement issue is just an excuse to say no and whatever evidence we put in will just be ignored. I know the woman who is at the centre of all of this. She has no scruples. The transport company have been really helpful - and the boss has given me the number of the contract which was originally signed three years ago - authorising transport till 2009!

 

Angry as I am, I would not pursue this issue with the LEA if another alternative presented itself. I can feel my stress levels mounting at the though of another bruising encounter with this particular representative.

 

K x

[Kazzen161]

PM me who it is - "She has no scruples" doesn't help much - could be one of several!

 

What are they going to do with the taxi if your dd doesn't use it - surely they can't break a contract?

 

You know they are only trying it on - keep up the fight!

 

Karen

[Kathryn]

PM me who it is - "She has no scruples" doesn't help much - could be one of several!

 

Will pm you.

 

What are they going to do with the taxi if your dd doesn't use it - surely they can't break a contract?

 

She didn't have her own taxi (although this would be the most appropriate transport). She was on an escorted bus which has an hour long trip and brings in other students from further away. It goes virtually past our door from where it's only another 5- 10 minute drive to the college.

 

I would happily ditch the LA and make a private arrangement with a taxi company, but it must be reliable and sensitive to her needs. She gets anxious in cars and buses. Taxis are expensive here - a one way trip to the college is about �5 - that would soon mount up.

 

I'm wondering if there's a disibility discrimination case here. Other students who are able to use public transport to college get subsidised train and bus fares. L can't use what's on offer, and therefore gets no concessions. She is therefore being treated less favourably as a direct result of her disability, surely? We don't necessarily expect free transport - we are happy to pay something towards it. But should she not be entitled to some kind of help with costs? I know the education maintenance allowance covers additional costs at FE level, but this is means tested and we don't qualify. Anyway, it's not just a question of cost, but suitability of transport.

 

Excuse the ramble - just thinking aloud before I contact various agencies to discuss our situation.

 

K x

[Tally]

I would happily ditch the LA and make a private arrangement with a taxi company, but it must be reliable and sensitive to her needs. She gets anxious in cars and buses. Taxis are expensive here - a one way trip to the college is about �5 - that would soon mount up.

 

Yes, that's �70 a week, but you might be able to negotiate a deal with a taxi firm if you are offering regular employment for what, a year? Or maybe a retired person might like to earn a few extra pounds by doing it. If you can even halve that cost, that's a huge difference.

[Kathryn]

Just a quick update:

 

L starts college a week after next and nothing is sorted yet.

 

But during the hols I contacted the DRC and they think there may be a disability discrimination case here as the LA are failing to make reasonable adjustments for her disability: result: she cannot access college. So that's encouraging news.

 

I also wrote to our MP and she has written to say that she has raised the matter with the Director of Children, Schools and Families. So that's good too.

 

I also wrote to the LEA official involved in this, who just happens to be my old enemy who blocked L's statement ages ago, to ask "why???" Surprise, surprise, haven't had a response yet.

 

The LA have been telling us that L lives too close to the college to get transport - it occured to me to ask L more closely about the route and pickups: she tells me that after she herself is collected, the bus picks up another student who lives even closer than we do - virtually around the corner from the college. (Is pathological lying a prerequisite for the job, do you think, or do LA officials have to take courses in it?! )

 

Oh and would you believe, no one from the LA has deigned to actually notify me, let alone L, in writing so far, about the termination of her transport.

 

Keep you posted.

 

K x

Edited September 5, 2007 by Kathryn

[Bagpuss]

Good luck Kathryn <'>

[Frangipani]

Kathryn

 

Great update, finally you have the support you need to sort this mob out.

 

Sending you lots of positive vibes. <'> <'>

 

You have done the right thing.

 

Thinking of you

 

Love

Frangipani xx

[Nic m]

Hi Kathryn,

sounds like you are doing a grand job i dont have any wise words for you just admiration.

There is a female only taxi company in england who use pink kangoo cars and have social work contracts who make sure your child gets to the destination and is pre-paid.they are not allowed to call themselves taxis but they may be able to help.

I dont know if i am allowed to say their name but i cant wait for the service to start here.

Good luck

nicola

[Kathryn]

Hi Nicola,

 

The "pink" taxi company sounds interesting - can you pm me the details?

 

L is enrolling tomorrow at college and when I know her timetable I'll be able to start looking into taxis - whilst this fight drags on, she must get to college in the meantime somehow even if we have to pay.

 

Her safety does worry me - which is why I'm scared of calling taxi companies at random: is it too overprotective to expect taxi drivers to be CRB checked?

 

K x

[Guest Lya of the Nox]

black cab drivers in london are crb checked

think pink cab things sounds cool tho

have u tried a cab company that does school runs, i would like to think they are crb checked???

hope u both oks

x

[Nic m]

Hi Kathryn i will and they are checked.

Nic

[call me jaded]

Taxicard for London boroughs. The contract is with Dial a Cab. All CRB checked.

 

 

Edited to fix the link, hopefully.

Edited September 9, 2007 by call me jaded

[Kathryn]

Thanks all, for the information you've given me on taxis.

 

I've had a horrid letter from my arch enemy at the LEA who hassled us for a year over the (non) statement. Why oh why do I have to deal with her again, two years later? She makes me feel so wound up and stressed - she's ignored everything I've said, as usual. She has the cheek to say that the transport arrangement was only meant to be temporary as a good will gesture from the LEA after all the stress we were under as a result of L's medical condition. She still won't acknowledge that L has or ever had a disability, let alone autism.

 

I think I have enough evidence to prove discrimination. But is it worth all the angst, I wonder??!

 

K x

[baddad]

always!

 

I always figure you fret less over a lost fight than you do over a 'what if?'. Maybe i just make my life harder, but it feels right, IYKWIM

 

L&P

 

BD

[Nic m]

Kathryn,

 

I think it is worth it,fast forward a few years to when your daughter has passed with flying colours but still has needs that are not recognised or met and how much harder the fight will be if you dont do it now. Hope that does not give you the collywobbles but you could always get legal advice to see if it is possible?

Good luck with it.

 

Nicola

[lorryw]

Kathryn,

Is it possible to make some kind of formal complaint against the local authority?

We are still battling with ours via the formal complaints system (I think we have the same LA) I get the impression that few people go down this route. We are moving onto stage 3 (a panel) After all our complaints about SS were upheld by the Independant Person (allocated to us by LA) the LA are in something of a spin and falling over themselves to get things sorted. I think they fear I will go to the Ombudsman and they will be shown in a poor light. My heart bleeds for them

[Kathryn]

Oh certainly I will complain - I let them get away with too much after the statement fiasco - we should have complained then and I just felt so wrung out I just wanted to walk away.

 

I've contacted the DRC and we may go down the disability discrimination route - I don't know whether we should complain first through the LA channels though. I want to make sure L gets to college and so this probably means we'll have to fund our own arrangement, at least temporarily. It's tempting just to cut loose from the LA permanently, and then take it further.

 

I've just finished my second letter to the LA, stating the facts as I know them. I'm trying so hard to keep emotion out of it - I know from experience any sign of aggression or unreasonableness will be seized on and used against me by the LA.

 

Sounds like you're making good progress with your claim, lorryw, but isn't it so stressful and draining to have to use your energies in this way?! let me know how it goes.

 

K x

[lorryw]

It is so draining, I veer between disbelief that I have had to go to these lengths and despair at the whole rotten system.

I have never had so many people in suits visit my home!!

[Kathryn]

Well we have had no respons so far from the LEA, and L has gone off in a taxi (paid for out of her DLA) to college. It's working well, I found a reliable company who are experienced at doing school and college runs and are all CRB checked, etc.

 

Just had the ultimate fob off response to my second letter to the LA - how's this for a bizarre set of events.

 

21 August: - sent my first letter to SEN officer at the LEA

 

23 August: Response from admin assistant telling me SEN officer is on annual leave until the end of next week and will deal with my letter on her return.

 

5 September: Unsatisfactory response from SEN officer received.

 

11 Sept: sent my response to SEN officer's letter, first class, recorded delivery.

 

21 September: received letter from admin assistant telling me SEN officer is currently on leave (again?) until the end of next week and will deal with my letter on her return.

 

Amazing coincidence - whenever I write to this woman, she is either on leave or sick. On Monday I'm going to phone her direct line and see if she answers. If she does, I'll know she's a lying little toerag.

 

K x

[pearl]

The deviousness and/or inefficiency is unbelievable, isnt it? Actually no, its believable, which makes it worse. You give her hell Kathryn.

[Karen A]

Amazing coincidence - whenever I write to this woman, she is either on leave or sick. On Monday I'm going to phone her direct line and see if she answers. If she does, I'll know she's a lying little toerag.

 

K x

 

Maybe the prospect of facing you is enough to make her take leave. Karen.

[paulr]

Kathryn, this is utterly disgusting. How do these people sleep at night?! I hope someone can help <'> <'> <'>

 

They don't care. I've worked with them. A few do, but most don't give a damn, literally.

 

I hope you are keeping records of all this. Don't only mean paperwork, I mean "rang and was out", all chats, emails, phone calls etc.

 

The transport is expensive and the aim is to cut costs. The only interest is the money. Believe me, if LEAs could get away with totally abandoning SEN children (or adults) and they could keep it out of the papers (the one thing that really bothers them) and it wouldn't affect their career (unlikely) most of them would do it. It is, like every other bureaucracy, a self perpetuating entity.

 

I would suggest your best bet is to say you are fed up with the whole shebang and you are going to make a formal complaint about their previous behaviour if it doesn't get resolved.

[Kathryn]

Maybe the prospect of facing you is enough to make her take leave. Karen.

 

Well I'm about to write my third letter to her today, so we'll see what excuse she comes up with this time.. She must have used her entire year's leave allocation in the last month!

 

Paulr I agree with you completely. It's frightening how little regard they have for children with SEN and people with disabilities in general. At best they are patronising, and at worst contemptuous. One gets used to that kind of attitude in the general population but it's depressing to see it among officials who work in SEN.

 

I've learned from bitter experience to keep records of everything. I haven't made a single phone call to the LA as I can't trust myself to speak civilly and because I want all evidence in black and white.

 

So far I've received a totally dismissive response from the Director of Children Schools and Families via the MP so I've written to her again. I've contacted an SEN solicitor and am considering the possibility of judicial review; if that isn't possible, I will complain to the ombudsman. One way or another I am determined not to let them get away with this, although I do have moments when I think it would be ever so much easier to walk away from it all!

 

K x

[paulr]

The problem is they are completely untouchable. About the worst sanction I am aware of is being quietly pensioned off (except for the guy in Lincs who moved a bypass and got jailed).

 

Round here SSD have been negligent in the deaths of at least 8 children over the last few years, some of which they've hushed up (legal reasons). Private company owners whose employees die are occasionally prosecuted and sometimes jailed for negligence/cost cutting etc., but LA staff ..... to the best of my (fairly extensive) knowledge of all the children no-one has been even reprimanded.

 

If they dump on SEN children/parents from a great height nothing really will happen to them ; if you get a result from the Ombudsman they will do the bare minimum with bad grace and "Policies and Procedures have been changed ......" (they aren't).

 

Any organisation which neither rewards excellence nor sanctions incompetence, negligence and dishonesty (most of the public sector) turns out the same way.