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Local Authority

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  • Local Authority

    Hi, I am wondering if we could have any sort of claim against our local authority at all. VERY long story short, I have 3 children with a rare condition called Labrune's Syndrome.

    One had a stroke, 7 years ago now, whilst in school and nobody noticed a thing, we obviously complained at the time but it was swept under the carpet and her class teacher left shortly after.

    Since then we have had numerous accusations of neglect from the school, have been assessed by social services EVERY time and been cleared. As you can imagine life with 3 disabled children is stressful on its own, but when you have to have people come into your home and check everything (this takes weeks by the way, so is always hanging over you) it is extremely stressful.

    The last straw is now the local authority are taking us to court due to the children's attendance records, which are poor, mainly due to their health, but I have also noticed in the paperwork, that days that shouldn't have been, have been marked as unauthorised absence, one example is the day my daughter went to her new high school for an induction day is recorded as unauthorised, surely this is wrong! This is just more stress on a family that is already on a tightrope, we are looking at fines of around £1k or possible imprisonment! Does anybody have any advice as we cannot go on like this.
    Tags: None

  • #2
    It sounds as though the school and your local authority are fully aware of your childrens conditions and the effects on them?

    Have you spoken with the LA since receiving the letters regarding attendance records ( to ensure it isn't just a numbers game with the computer and there has actually been someone assess the case ?) ?

    Did they originally issue £60 fines ? and what happened with those - presumably you argued the case?

    You should of course do a list of all the dates that are marked as unauthorised and note by each the reason, notification given to the school etc.

    Have they ( the LA or the School ) actually offered any kind of support ?

    And exactly what stage is the court process at?

    https://www.gov.uk/school-attendance...ool-attendance

    Do you have a copy of your LA's guidance? eg. http://www.centralbedfordshire.gov.u..._tcm3-8632.pdf
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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    • #3
      Hi, following on from the info requested above could you provide us with your local authority name, also I am presuming your children receive DLA, if so have you asked the LA for an assessment of their special needs and a carers assessment for yourself?
      Regarding the school fines , is the school mainstream or special?
      If you could get back with this info I’m sure we can give you some advice ...
      Shazzzaa❤️

      I am not legally trained so all my advice ,suggestions are done with the best of intentions but if in doubt please seek legal advice .

      Comment


      • #4
        I'll try to answer your questions in order:
        The LA & schools are very much aware of the children's conditions and the effects on them.
        I assumed from the court papers that this is what had happened as there is a statement from the EWO.
        They did issue fines £60 per child for both myself & husband so £360! Told the EWO that I couldn't pay it and she just said fine.
        I have done this.
        The schools & LA are useless, my eldest's school knows we are not happy with them and are in the process of trying to change schools and I think they are just doing the bare minimum until she leaves. We have been referred to the Early Help Team & Disability Teams so many times and every time they do their assessments there is no support they can provide, as the childrens condition is very rare unfortunately we don't fit into their nice little boxes.
        We have to attend court and either please guilty or not guilty.
        I don't have a copy of our LA's guidance, we aren't under central beds, I will see if I can find it now.

        2nd post:
        Luton BC
        They do receive DLA, they have an EHCP if that's what you mean by an assessment, my husband receives carers allowance for them as I work full time and he stays at home to care for them
        The schools are mainstream
        Last edited by Weefeet82; 30th January 2019, 15:16:PM.

        Comment


        • #5
          Have you thought about contacting your local Councillor, and/or MP to ask them if they can intervene on your behalf.

          Comment


          • #6
            When I mentioned assessments I wasn’t referring to EHCPS I was referring to Health and social care assessments, every family with children who have disabilities are entitled to assessments , each child individually and including you and your husband as their parents/ carers , you would be able to explain your children’s complex illnesses how this impacts on them and you and they have to offer any support that may be available under statutory law.
            Ive looked up your local LA and this is the link to their local offer, every LA has one outlining your rights and available help and support you could maybe make use of. https://directory.luton.gov.uk/kb5/l...milychannel=11

            without knowing the details of the absences , how often , how long, etc it’s difficult to work out where you stand with the fines and court appearance , have you provided the schools with any supporting evidence re the disabilities?

            I think ploddertoms idea of seeking help from your local MP is a good idea, I have had my MP involved in most arguments with the LA, has any of your children been off longer than 15 days straight due to their disabilities? If so the LA have a duty to provide alternative educational support , not blame the parents.
            This is the SEN Code of practice have a look through this https://assets.publishing.service.go...015.pdf#page32

            im still digging so I’ll get back to you
            Shazzzaa❤️

            I am not legally trained so all my advice ,suggestions are done with the best of intentions but if in doubt please seek legal advice .

            Comment


            • #7
              This is something to look at .
              Attached Files
              Shazzzaa❤️

              I am not legally trained so all my advice ,suggestions are done with the best of intentions but if in doubt please seek legal advice .

              Comment

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