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JimLawyer
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 11655
Experience:  Senior Associate Solicitor
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I would like to clary fay what's my son school situation and

Customer Question

HiI would like to clary fay what's my son school situation and what steps we can take
(Jakub start transition to new special school from main stream school he is y6 and transition went very bad new school approached him like the child with behaviour problems not like child with autism so they afraid him restrain him shout at him and now he is to afraid to go to this school 11 days ago I get the amended EHCP with new school on it so I would like to change the school to old one .In one opinion Jakubs school is old one as when I applied against the new plan they have to maintain the old one in other opinion its nothing we can do about it and its look like we will be soon home educating him as he is to afraid to go to new school and he cant be back to old one )
So what will be cost to make it clear what is our son situation from the law point of viu and what steps we can take
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no at the moment I have asked old school if they will take him back I send the message to the LEA and new school that we finish his transition as this is just waist of time he is out off school for 4 weeks now
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: the clousest court is in Stroud I live in GL60ER
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the new school try to use mentoring company to help with transition and after 3 weeks we just say that this not gonna work
Submitted: 15 days ago.
Category: Family Law
Expert:  Virtual-mod replied 14 days ago.
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Customer: replied 13 days ago.
I can wait bit longer
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Expert:  JimLawyer replied 9 days ago.

Hi, this is Jim, thank you for the question - I will resolve this for you.

Sorry to hear of the issue. Ultimately, this is the LEA's fault and they have the power to sort this out for you and your Son.

You should first make a complaint to the council and if that does not resolve this, involve the Local Government Ombudsman (LGO) : https://www.lgo.org.uk/make-a-complaint

The LGO may be able to help but you would need to firstly exhaust the council's complaints procedure, unless you have done this already.

Luckily, there is a legal remedy available against a council with it being a public body. You can issue "Judicial Review" proceedings which is where you involve the court, and a senior judge or panel of judges looks the legality of a council's decision. If the judge(s) find in your favour, they will make an order which is binding on the council and they are then forced to act to resolve the issue with the school.

The issue with judicial review is that the cases are quite complex, but as a result of that, a law firm can usually recover their legal costs from the council if they win the application. You should be able to have a no win no fee agreement with the law firm, to sue the council. Here are a few firms who specialise in this area :

I hope this helps and answers the question - please feel free to ask me anything else.

Have a good day,
Jim

Expert:  JimLawyer replied 9 days ago.

Hi, I’m just checking to see if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or address anything else for you.

Many thanks,
Jim

Customer: replied 8 days ago.
Hi we manage to take our so out from school but now we have to keep him in home for 2 months if we luckey he will be more then happy to be back to old school and move from it but the LEA think that will be better if he stay home my wife have diagnosed luceima she can have a bad days so why we can move him to old school and do the proper transitions any suggestions welcome
Expert:  JimLawyer replied 8 days ago.

Thanks, ***** ***** disagree with the LEA's decision, a complaint should definitely be made to them and then involve the Local Government Ombudsman (LGO) if that doesn't resolve this. If you tell me which LEA is involved I can find their complaints procedure for you.