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Who actually pays for provision specified in a statement?

(11 Posts)
loueytbg Wed 01-Dec-10 14:58:21

Is it the LEA or the PCT??

I ask because of the fun we are having with ours currently. If the SALT is supposed to write a report based on the provision that DS1 needs but they can't provide that amount of provision from within their resources, are they then liable for the costs of paying for private SALT to ensure that the provision in the statement is provided?

Just wondering if there is collusion between the various therapy services and the LA on this point - ie LA says to SALT service you have to pay for it, therefore the SALT will not give any more provision than it can afford.

HecateQueenOfWitches Wed 01-Dec-10 15:01:33

doesn't it say on the statement? if it doesn't, could you not ask for written clarification?

cansu Wed 01-Dec-10 15:20:20

I think it depends very much on whether te provision is in part 3 or part 6 of the statement. For the LEA to pay it must be in part 3. Therefore if SALT is in part 3 and NHS can't or won't provide it then LEA has to pay for it privately.

loueytbg Wed 01-Dec-10 15:33:49

Its in part 3 - so do I assume that it is down to the LEA to provide it?

I could ask them I guess

sarah293 Wed 01-Dec-10 16:07:43

Message withdrawn

cansu Wed 01-Dec-10 16:14:14

if the provision is in part 3 then it is educational provision and is down to the LEA if the NHS can't provide it. However, make sure that it is clear what the therapy entails. What excatly does it say as regards the SALT?

loueytbg Wed 01-Dec-10 17:29:32

Current provision is crap and hence why I'm having a fight with them. Currently the draft statement says 5 contacts with a SALT in first term followed by 1 contact per half-term following (as per SALT's report).

I am about to write a letter of complaint to the Head of SALT about the provision they've given my DS because its not based on his needs but appears to be contingent on their budget. I wanted to be sure that they weren't liable to provide the provision if it were increased.

See also my thread here

riven does it say in your DDs statement who should pay for what? There is no mention of who will fund either SALT or OT.

SausageMonster Wed 01-Dec-10 18:24:15

Who pays - is not your problem.

Getting the correct level of support speified in the Statement is your problem.

Best wishes

cansu Wed 01-Dec-10 18:42:49

Have just read your old thread. Although the NHS SALT service won't be liable for paying for provision you will probably find that they are in cahoots with LA and will be unwilling to commit to saying your ds needs more provision, particularly as your NHS SALT seems to think ASD children don't benefit from direct SALT! You said in your thread that your ds has had some private SALT, it may be that you will have to get a private SALT assessment of his needs and then challenge the statement on this basis. If you can get the provision right in part 3, as sausage monster says who pays will not be your problem. Obviously they will fight you on this and you should prepare yourself to follow it through to appeal if they won't budge. However, I think your first step is getting a written recommendation of how much SALT is needed for your ds from an independent specialist.

loueytbg Thu 02-Dec-10 10:42:56

sausage you are right of course.

cansu I really wish we had got an independent report. We put one in when we applied for SA but I wasn't on the ball then and it doesn't contain specifics about how much provision DS1 should get. I tried to get ICAN to assess him but they won't until he is 4 (have tried twice and even been to see them but they won't budge). If we appeal then we will definitely have to get another reoprt but that's not going to help us in the meantime.

I've downloaded the SEN Code of Practice and apparently the NHS is liable for SALT. (It says they have prime responsiblity). That might explain why they give such rubbish provision in their reports as they know they will have to pay for it. The CoP does also say that advice should be given on a child's needs and the provision that is appropriate in light of that. I shall be quoting that back to them.

Agnesdipesto Thu 02-Dec-10 17:54:23

NHS has primary liability but if its in PArt 3 and SALT won't provide it the LEA have to fund it from elsewhere.

At Tribunal the Panel upped our SALT (funnily we had not asked for it on top of ABA but LA made it part of their package so Tribunal ended up giving us both ABA and SALT). So we have got more SALT that the SALT report recommended. Waiting to hear if the NHS are going to deliver it though. In a way I hope they won't so we can go private and find an ABA friendly SALT.

our NHS SALT told us what she had written in report was maximum - but she meant the maximum her managers would allow not the maximum banding for need. So yes they do write to fit resources

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