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FM
Former Member

Particularly in a school environment?

 

I have this issue over my daughters school transport (long story) but to cut a long story short it ended up in an appeal. At the appeal I had no help or support, not for want of trying, but because there was nobody who was able to help due to her age or the nature of the appeal.

 

Anyway..... at the end of this appeal the woman from the transport team, in summing up, said... "Lilgyps may have a diagnosis of autism, but by missgypsies own words, its not really a serious issue for lilgyps. In her own words missgypsie admits that lucy will go on to live an independant life, get a job and get married, so while it looks like we are dealing with someone who is autistic, its not as severe as some cases".

 

I WAS FURIOUS!!!!!!

 

firstly those words she is talking about is my input at the end of lilgyps yearly assessments when the school, the parents and the pupils, list their HOPES. for the future, and of course i put that, what else am i to put? I explained that every parent hopes that for their child... she just looked at me smugly.

 

Anyway I lost the appeal, and now I really want to make a formal complaint against her. I have got on to the legal advice people at the N.A.S but they can take anything up to two weeks to get back to me.  

 

So my question is this, Should she have had access to those yearly assessments? She is not a teacher, or a member of a school, she works for the council organising transport. Not just for the special needs schools but for every school in the city that has transport needs.

 

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No worries olly, i just wondered if anyone on here was hot on this topic. I didnt even think of this angle till yesterday when my friend (who is a lunchtime assistant) was listening to me rant on. She said, "i nearly lost my job once because i told someone id keep an eye on their kid" the mother then took this as proof the kid was being bullied, as she suspected. .

 

She urged me to find out what i could about if this woman broke some confidentiality rule...

basically anything that adds weight to my complaint, because she was bang out of order.

FM

Gypsie, I think it could possibly be covered by The Data Protection Act 1998, The Information Commissioner is the UK authority dealing with this type of thing.

The Information Commissioner’s Office is the UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.

 

Lots of info on their site http://www.ico.gov.uk/

FM
Originally Posted by machel:

at the appeal was there a representitive from transport?

 

at schools admissions appeals (which i went to 2 years ago)  a rep from the school was present and they try every trick in the book to avoid overturning the decision

Yeah it was just me and her there. I couldn't believe she was saying it, i thought it was so low. And the sad fact is lil gyps prob will never live independently etc...but the focus of these reviews are all positive, positive, positive, so you put your HOPES.   And the actual reason we were at this appeal in the first place was ludicrous. It all boils down to money.

FM
Originally Posted by PeterCat:

As far as I know, Gyps, the school should have a written confidentiality policy which you should be able to have access to. I don't know if it's a legal requirement, but a lot of schools have them now.

 

Olly has given you the best advice. It's horrible to feel that your trust has been betrayed.

thanks peter, I think im not going to be asking these questions myself, ive got my fingers burned trying to do the appeal on my own, I will wait till the NAS get back to me and ask them if that should have been the case. Then they can go in all legal-eagled thank you

FM
Originally Posted by noseyrosie:

Gypsie, I think it could possibly be covered by The Data Protection Act 1998, The Information Commissioner is the UK authority dealing with this type of thing.

The Information Commissioner’s Office is the UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.

 

Lots of info on their site http://www.ico.gov.uk/

Thanks rosiedoll I wil have a look through the site

FM

In lincs the education dept. has a transport dept and therefore they may be able to see education reports,  she will have wanted all the information she could regarding your daughter and the school may have let her access this information,  i am not excusing what she did but in my own experience the lea will try anything to save money

machel

The irony of this whole situation is that they went back on their own arrangements.  Basically in 2008 my daughters bus was changed. She hated (with a passion) the bus escorts. She went from NEVER in her whole school life before (or since) being in trouble to being suspended from the bus 6 times. School would send her home for being so violent when she arrived at school. I had to restrain her at home, she was so wound up. The escorts were attacked by her, sworn at by her... the list goes on and on. She only attended school 100 days out of that year.... IT WAS HORRENDOUS. Because it was so bad, THEY changed the bus routes so that she could be with another escort...since then no probs. 

 

Then Easter last year i got a letter saying because of costs they bus route was changing...guess whos bus they had put her back on????  I said no way, they said... sorry if we keep her on the same bus it will cost us ÂĢ2350. Deal with it.

FM

well my daughter goes to a special school so there isnt a senco as such.

I dont have any involvement with social services machel, but im thinking i may contact them. I did try to contact everyone going into the appeal, even got my mp on the case to write to them, but they wont budge.

 

Thanks everyone for the replies x

FM

I can see you've done a lot of work already Gypsie, but just in case you haven't tried these?


The Local Government Ombudsman

http://www.lgo.org.uk/making-a-complaint

The Local Government Ombudsman can investigate complaints of maladministration ( by the local council ) which cause injustice, suffering or hardship. This means that they can take up complaints about the way an organisation has done something, or not done something it should have done. 

 

Examples of the type of complaint they can investigate are:
delay or neglect in responding to enquiries or providing a service
failure to follow the agreed policies, rules or procedures of the organisation
rudeness, discrimination or unhelpfulness of officials
incorrect and/or misleading information and advice given by officials
failure of officials to provide advice and information.


Citizens Advice Bureau for advice? http://www.adviceguide.org.uk/index.htm


Or possibly,to get further info?

The Care Quality Commission  http://www.cqc.org.uk/

Independent regulator of health and social care in England.

We regulate care provided by the NHS, local authorities, private companies and voluntary organisations


Good luck xx


FM

Thanks rosey, I will add them to my list of things to bring up and look into, the ombudsman may be my last hope, thank you

 

Its just shit that we have to fight at all. Its not like ive got a choice of school to send her to. They send her to one at the other side of the city, an hours drive away... and then tell me, its that bus or nothing.  Its not right!

FM

We have something called the Childrens Legal Centre (its based within our university, but I think its national)..      they are there to represent children rights, and support & advise those that fight for those rights on their behalf.

 

I had a friend that used to work there, so I know that they did used to deal with this kind of thing..   if nothing else they may be able to give you some advise.

 

http://www.childrenslegalcentre.com/

 

they may well take on your case for you 

Dirtyprettygirlthing

I cannot believe that you have to go through these problems on top of your daughter's problems. It's hideous, why can't the Government do as they say instead of conning us before elections? I really hope you will get satisfaction. You should NOT have to fight for this. I'm sick to the back teeth of everything being commanded by money.

cologne 1

So sorry to hear you and little Gyps are being treated so appallingly, Gypsie.

 

I don't know about the legal stuff, but you should be able to make a formal complaint because your comments were taken out of context in the official summing up, surely?

 

Makes me mad that these things always happen to the people who don't deserve it.

 

Katerina

That's bloody awful. It's clear the wee one's health suffers when she has to travel with the escorts she doesn't get on with -  did they ever take medical evidence into consideration? There's a clear case for a medical assessment of the impact of the change of arrangements .

 

I think it depends where you are and how your local authority operates whether the school transport services would have access to school info - I know in our neck of the woods services are integrated , and details are disclosed to transport by the schools when decisions are being made, so that they're making a fully informed decision -it sounds here though  like they're using what you said ( a comment not related in any way to immediate needs..and immediate needs are what this situation is about ) as a weapon against you. That's unjust,  unprofessional and unforgiveable. For her to say "so while it looks like we are dealing with someone who is autistic," ..  she frickin is dealing with someone with autism ! there's been a diagnosis!  That in itself is grounds for a formal complaint, even if they managed to defend the confidentiality aspect  successfully. 

 

Something else that might be useful in preparing your case is to invoke the Freedom Of Information Act and request all info relating to the decision to change arrangements, right through the appeals process. That would let you see exactly what's been going on- you have the right to see all written info ( including individual  council officers' notes , not just minutes, emails etc ) It'll give you a  better idea of how decisions have been made, and put the shits up the council! 

 

I really hope you get this resolved , and that the NAS sort them right out. Swines.

Rant over! 

FM

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