APPEAL DATE IS SET

ITS IN OCTOBER

we are really excited and looking forward to the day out at the Royal Court Of Justice.  anticipating a few red faces of certain solicitors and other evil types of local authority staff.  we will of course keep our blog friends up to speed

Janine Bond solicitor for Torbay Local Authroity- pure evil

so after the child is placed in a supervision order, and sgo... giving the local authority no powers at all we find the solicitor janine bond doing this!! the following is an email from our lads head teacher: i think it shows Janine Bond and Torbay Council for what they are: SCUM

 

Dear Mrs Baggaley.

 

I have been advised by the LA legal team to inform you that I am not permitted to enter into any further communication with you. I realise that is frustrating. We will of course respond to any legal instruction from the courts. To date we have received nothing despite your previous email.

 

Regards

 

Colin Kirkman

the dept of health have replied to this action by the evil Janine Bond


this is the education dept take on it:                                      Dear Mrs Baggaley,


Thank you for your email, of 19 June 2012, seeking clarification on the effect of a ‘Special Guardianship Order’ (SGO) on your right to access information about your son from his school.

As stated in our reply of the 18th June 2012 to your previous enquiry, the Department does not become involved in complaints about the actions of schools unless the complainant has exhausted the school's complaints procedure, including any appeals process, and is dissatisfied with the outcome.  Where we have established that this is the case and accept jurisdiction to deal with a complaint, we would undertake a process of establishing all relevant facts which, in this case, would seek information from the school and the special guardian before reaching any specific conclusion or giving advice. I am sure you will understand, therefore, that at this point, I am only able to provide advice in very general terms.

The legal requirements relevant to your complaint about your child's school are contained in The Education (Pupil Information) Regulations 2005 S.I. 1437.  These Regulations impose obligations upon governing bodies and head teachers of maintained schools to provide access by a ‘parent’ to their child’s educational and curricular record.  The relevant definition of a ‘parent’ is set out in section 576 of the Education Act 1996.  This provides that a 'parent' includes:

·        all persons with parental responsibility for a child, irrespective of whether they are the child’s natural parents;

·        all natural parents, whether they are married or not; and

·        any person who has care of a child, irrespective of whether they are a natural parent or have parental responsibility.  

I have reviewed the Department’s reply of 18 June and I am sorry that it was not as clear as it should have been.  As you are aware, the effect of an SGO is to give parental responsibility to the appointed special guardian.  An SGO does not take away parental responsibility completely from a parent, but it may limit the extent to which a parent is able to exercise parental responsibility.

I note in your email of 19 June, that you state that the SGO does not limit your parental responsibility.  I am not able to comment upon this statement not having seen the SGO.  As a general principle, an SGO would not necessarily operate to release a governing body from their obligations under the Regulations I have referred to above.

In conclusion, I will reiterate the Department’s advice of 18 June, and ask you to approach the head teacher again to request that you are included in its communication activity about your son’s educational information.  It may also help if you submit a copy of this letter.

If you continue to feel that the school does not respond appropriately, it is open to you to complete its formal complaint procedure and raise a complaint with the Governing Body.

As noted above, it is only if this formal process is completed and you remain dissatisfied, that you can raise a formal complaint with this Department.  Please ensure that in doing so you include copies of all correspondence with the school and with the governing body, together with your reasons for remaining dissatisfied.  We will also need your written permission to make the appropriate enquires with the school and other organisations as required.

I hope this information is helpful and I very much hope that you will be able to resolve this matter satisfactorily with the school.


Yours sincerely,






Mayuri Patel
Family Strategy and Engagement Division
Mayuri.PATEL@education.gsi.gov.uk
www.education.gov.uk



Your correspondence has been allocated the reference number 2012/0041691.

Good News - Appeal Allowed

after a hearing in the royal courts of justice, on 9th July 2012, before lord justice Macfarlane and Lord Justice Ward our appeal was allowed.  we will keep you informed, the appeal has been allowed on 3 parts, the original threshold december 2010, the contesting of an Interim Care Order in April 2011 and the final order of January 2012.  We are very much looking forward to updating you.  thanks for the support everyone.