Advice please LA not paying ot /salt

[sunshine175]

DD has a statement with ot and salt. This was agreed by LA who said they would fund it. They agreed the professionals who would do the work, had their CVs, costs etc. and agree they could start work. I have in writing that they are paying for them.

The LA have messed them around since they started in September and hasn't paid their invoices. Both therapists are about to pull out (they can't afford not to be paid). This could well cause the placement to collapse as situation is very fragile anyway. What can I do? Any advice? I don't think my daughter will cope with them pulling out.

[chocnomorechoc]

Is Salt and Ot written in Part 3 of the statement?

[senvet]

And is ot and salt in the statement as in 'would benefit from', or are the hours specified and quantified?

LA is being outrageous

There is lots of law saying LA is responsible for everything in the statement and on top of that there is probably a contract between LA and therapists and then there is the letter where they have said they will pay and have not. If someone relies on them saying that, and then they don't do it, and someone loses money etc as a result then you can sue them for that as well.

I'd try someone like Maxwell Gillott or IPSEA legal team as soon as possible

[sunshine175]

yes in part 3 hours specified and quantified. They put in writing to them and us that they would pay for what was specified in statement. The therapists have even threatened LA with interest charges.

[Bilberry]

I would bypass the SEN department and speak to someone higher up and in finance, legal or corporate governance (probably also legal dept) at the LA (ie. Not education). There is a contract between the council and these service providers and they are not paying there bills. It doesn't matter what the service is they need to meet their obligations.

[Icimoi]

I wouldn't guarantee that there's a contract with the LA. What exactly is the arrangement, OP? Are the therapists employed direct by the LA or the school placement? If SALT and OT are sufficiently clearly specified, for you the correct route is a threat of judicial review as you're not (presumably) a party to the contract and can't enforce it. I believe SOS SEN will do pre-action letters on behalf of parents.

[Bilberry]

If they have put in writing that they will pay the therapists to provide what it says in the statement then that is a contract.

[senvet]

I agree with Bil. I'd go with a polite letter to the head of legal copying therapists saying there appears to be a misunderstanding,or an administrative glitch, but the LA are liable in contract to pay the therapists, or they have caused damage to the therapists by misrepresenting the situation by saying that they would be paid, or they are in breach or their obligations to ensure that the provision in the statement is made.

But anyway it is probably just an admin glitch and you expect they will agree that they should pay these immediately and could they confirm by return.

That relying on the thing they have said which turns out to be wrong, I checked is called 'reliance on a misrepresentation to your detriment' or something pretty much like that!

[sunshine175]

That's helpful. They would not issue a contract but said the email to the therapists confirming they would be pay them as specified in statement was binding. They seem to be confused as to who is paying them...education or health but it is under part 3. I think the therapists have threatened to charge interest. I have emailed everyone I can today and will seek further advice via ipsea or sos sen. I don't care who is funding but they need to pay them.

[Icimoi]

If they have told the therapists that they will pay them then I agree that is a contractual obligation between the LA and the therapists, and certainly it would do no harm to write to the legal department and, I would suggest, the Head of SEN and the Head of Education pointing out that they have a clear contractual duty and are in breach of contract.

But the point is that the people who can most easily enforce that contract are the therapists, and I rather doubt that they want all that hassle. So I really think you need to point out also to the head of SEN that the LA has a statutory duty under section 324(5) Education Act 1996 to ensure that all the provision in the statement is delivered; and that if they don't pay the therapists then the therapy will stop and the LA will be in breach of their statutory duty; and if they don't put that right immediately you will have no choice but to consider judicial review proceedings to enforce DD's statutory entitlement to the support set out in her statement.

[sunshine175]

Thanks everyone -you lot are brilliant