Maladministration Causing Injustice

[Grace]

Has anyone issued a 'maladministration causing injustice' charge against an LA?

 

I would be very grateful to be pointed in the direction of any useful websites or helplines.

 

Many thanks

 

Grace

[Sally44]

Do you mean via the LGO?

You know I didn't find them useful at all.

They based their decision on case law that have been appealed and overturned! They said that a Statement did not need to be adhered to in every single specific thing, but that it should 'generally' follow the over all 'aims' intended by the contents of the Statement.

RUBBISH. Spoke with Ipsea and they forwarded me the appeal of that judgement and the appeal was upheld. Yes, every single item in a Statement has to be complied with.

 

LGO remit has changed, so I would check on what they can actually do.

 

When I placed my complaint I sent in all my documentation which was specific letters and emails that confirmed everything I said had or had not been done. When the LGO questioned the LEA they simply sent in a letter full of "reassurances" that they had "complied". But they did not produce any written evidence of that. And the LGO simply believed what they said. I could not believe it.

 

For example the LEA said the SALT "was happy". But they did not produce any correspondence with the SALT asking if she was happy or produce any response from the SALT.

 

The LGO found it "reasonable" that the OT had decided not to deliver an OT programme mid-way through the Statement year (ie. running from one annual review to the next). I said that the provision in a Statement can ONLY be altered at an annual, interim or emergency review. The LGO disagreed!

 

IPSEA could not believe it.

 

And you cannot appeal or complain against an LGO decision.

 

I am going to tribunal and my LEA is using the LGO decision that they did not find maladministration as proof that they complied. AARRRRGGGGHHHHHH. I am just hoping that the Tribunal Panel look at the documentation and see it for the farce it actually was.

 

I know that you have been to appeal recently. If you have all the documented evidence already to hand, then it maybe worth checking with the LGO that your complaint is within their remit. And then submit all the evidence you have. But be prepared for the LEA to write back and say that your opinion (regardless of the documentation you have produced) is simply your "interpretation" and that they can "assure" the LGO that they fulfilled all procedural requirements.

 

Because remember, that LEAs never tell porkies do they?!?!?!?

[Grace]

Thanks Sally,

 

Yes, I don't have a lot of faith that I will get anywhere, but as you said, all the paperwork is there and I can't just let them get away with it this time.

 

Bit worrying that you had hard evidence and they still ignored it.

 

I am going to go through and only pick out those things that I think stand the best chance - so much to choose from!

 

They have got much worse since the last tribunal and I have to do something.

 

Let you know how I get on!

 

Best Wishes

 

Grace/x

[Sally44]

Before you send it in, phone the LGO and make sure that your complaint falls within their remit. Otherwise they will investigate and then say they cannot find any fault with the LEA because the complaint you have made does not fall within their remit. That leaves your LEA to proudly copy the LGO letter clearing them of all maladministration charges.

I know that there was a petition on the forum recently asking SEND to be able to make judgements on how LEAs behave because currently SEND can only look at parts 2, 3 and 4 of the Statement and not all the illegal behaviour the LEAs get up to. Now if that changed, that would be interesting.