BusyLizzie100 Report post Posted October 17, 2010 Where do you go to complain about non-compliance of the statement, ie if the provision in Part 3 is not being made? Is it a judiciary review or do you complain to the Local Government Ombudsman these days? I haven't quite got to this point but I have a statement review in a fortnight and one of my issues is that provision isn't being made, so want to be prepared... Many thanks Lizzie x Quote Share this post Link to post Share on other sites
Kazzen161 Report post Posted October 17, 2010 Try this: http://www.ipsea.org.uk/What-you-need-to-know/Common-problems.aspx Quote Share this post Link to post Share on other sites
BusyLizzie100 Report post Posted October 18, 2010 Try this: http://www.ipsea.org.uk/What-you-need-to-know/Common-problems.aspx Thanks for that. What happens if the reply from the LA is unsatisfactory? I've just spoken to the LGO Advisory line who couldn't really give me answer - he said if it's something the SEND tribunal can deal with then the LGO can't, but my understanding is that SEND doesn't deal with provision in the statement not being put in place. The LGO adviser said it's so complicated, that he couldn't give me answer until they received my complaint, because some elements of PArt 3 provision they CAN deal with, and some elements they CAN'T. So I'm even more confused than ever! And how does the Judicial Review fit into the system? Has anyone gone this far? And what happens if, when the statement is reviewed, the LA decide to remove all the provision they should have put in place over the past year but haven't... even though we argue that it's still necessary? Help! Quote Share this post Link to post Share on other sites
coolblue Report post Posted October 18, 2010 (edited) Post corrected below. Edited October 18, 2010 by coolblue Quote Share this post Link to post Share on other sites
Karen A Report post Posted October 18, 2010 Thanks for that. What happens if the reply from the LA is unsatisfactory? I've just spoken to the LGO Advisory line who couldn't really give me answer - he said if it's something the SEND tribunal can deal with then the LGO can't, but my understanding is that SEND doesn't deal with provision in the statement not being put in place. The LGO adviser said it's so complicated, that he couldn't give me answer until they received my complaint, because some elements of PArt 3 provision they CAN deal with, and some elements they CAN'T. So I'm even more confused than ever! And how does the Judicial Review fit into the system? Has anyone gone this far? And what happens if, when the statement is reviewed, the LA decide to remove all the provision they should have put in place over the past year but haven't... even though we argue that it's still necessary? Help! Hi. I do not know all of the details but others here do. However it is my understanding that it could happen that the LA review in response to a complaint about provision not being in place and then remove the Statement altogether. I am standing back currently because I think this could happen in our case. I asked a similar question a few weeks ago and nobody has told me I am wrong. Sally44 certainly requested a Re-assessment and ended up worse off. With the current financial climate and review on Wednesday I think there is a real possibility that LAs will take the opportunity to review Statements that come to their attention and see if cuts can be made.Purely speculation on my part. However I am not rushing to be the first to test out my hypothesis...things are not bad enough yet. Karen. Quote Share this post Link to post Share on other sites
coolblue Report post Posted October 18, 2010 (edited) I think I'm right in saying that a judicial review applies if the procedure itself causes an administrative or legal or technical problem. Or if one bit of legislation turns out to conflict with another. SEND's job is to handle appeals against LA decisions. So, the LA has followed procedures but the parent disagrees with its decision. A complaint about a local authority not following procedures properly, (or having followed procedures correctly and made a decision that the parent agrees to) not doing its job properly would go to the LGO. So if the school couldn't provide speech and language therapy because they were supposed to access this service via the LA and there were no speech and language therapists available to provide a service, that would be the LA's responsibility. I don't know what happens if the school simply fails to make the required provision and there's a squabble over who's responsible. We have yet to reach that place. cb Edited October 18, 2010 by coolblue Quote Share this post Link to post Share on other sites
BusyLizzie100 Report post Posted October 18, 2010 I don't know what happens if the school simply fails to make the required provision and there's a squabble over who's responsible. We have yet to reach that place. I don't really want to be the first to test it out!!! Parts of the provision that are not being done are a weekly 'special needs' lesson, daily meetings with his keyworker, and provision of a suitable retreat area. Basically the school is acting as if the statement does not exist; this does not surprise me with this school because they told my friend, who was considering sending her son there, that they don't really bother with the statements because they like to do things their way. She sent her son to a different school. I wish they'd told me that, I'd have done the same a year earlier!!@! It seems bizarre to think that i actually sat down with the SENCo prior to our appeal about Parts 2 and 3 and went through it with her, with her agreeing to what we were proposing! We have delegated funding in our LA, so I suppose this could be a case of the school not being able to fund the provision required by the statement, though it would help if they came out and said this instead of just pretending it isn't there. At the last, totally inadequate, AR in May, school said the statement was fine, although there was very little progress towards the objectives and it was recognised that there was still 'much to do'. We are now having an Early Review, at the SEN officer's suggestion, in a fortnight. I know that if school cannot make the provision then it's the LA's responsibility, so there could be an argument between the LA and school. However, I just want the provision in place - the above issues haven't been in place for the life of the statement (over a year now). If they do disgree, there has to be some way of resolving it! And this is the point I'm at. I have sent off my parental report towards the meeting and I have said that if the provision is not made then we will have no choice but to complain to the LGO about non-compliance and/or apply for a judicial review. But in practice I don't know how that works!!! Anyway, I will obviously have to wait to see what happens at the meeting, but I just want to be prepared... Lizzie x Quote Share this post Link to post Share on other sites
Kazzen161 Report post Posted October 18, 2010 Remember that it is not your concern where the money comes from - it is up to the LA and school to sort out, but the provision must be made and in the end it is down to the LA to ensure it happens, so keep complaining to them. Nothing that you are asking for is too difficult. You could tell the LA that you agreed to the placement as they said they could meet his needs, but as they apparently cannot do so, you will be looking at more suitable placements - it might help get the LA to put pressure on the school to comply in order to avoid a more expensive placement. Make sure you discuss and record the progress/lack of progress at the Review. Lack of progress is the sign that the provision/placement is wrong. Quote Share this post Link to post Share on other sites
coolblue Report post Posted October 18, 2010 And this is the point I'm at. I have sent off my parental report towards the meeting and I have said that if the provision is not made then we will have no choice but to complain to the LGO about non-compliance and/or apply for a judicial review. But in practice I don't know how that works!!! Lizzie x The LGO would be able to advise you or to direct you to someone who can. cb Quote Share this post Link to post Share on other sites
BusyLizzie100 Report post Posted October 18, 2010 The LGO would be able to advise you or to direct you to someone who can. cb Yes, I tried that. The adviser said first of all, this is a matter for SEND, til I told him that SEND doesn't deal with non-compliance. I think to be honest I knew more than he did, which isn't saying much! His suggestion was to make a full complaint and then the LGO would see if it could or could not deal with it. So I'm non the wiser. Kazzen, those are good points. That will be one of my arguments, that the school is not meeting my son's needs and why is that the case. If it can't, we would be seeking placement at a smaller independent school. Stupid thing is, this school really SHOULD be able to meet his needs, they just aren't bothering... Quote Share this post Link to post Share on other sites
Yossarian Report post Posted October 19, 2010 (edited) From the SEND website: http://www.sendist.gov.uk/FAQs/theDecision.htm#l4 4. What if the LA or Responsible Body doesn't carry out the Tribunal's decision? The tribunal's decision is binding and there will be a deadline for carrying it out. If the LA (in SEN appeals) or the responsible body (in disability claims) does not do this within the time limit, you can write to the Secretary of State at the Department for Children, Schools and Families, Sanctuary Buildings, Great Smith Street, London, SW1P 3BT. I know this isn't exactly an answer to your question, but worth a go? Edited October 19, 2010 by Yossarian Quote Share this post Link to post Share on other sites
