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Funding row

(2 Posts)
GreenEggsHamandChips Wed 28-Nov-18 07:58:05

Anyone any references to the law regarding therapy funding and education? I'm sure it's a legal requirement for provision to be based on need not funding. Is this also true for NHS provision.

I think school will say he needs SLT but there's no money. SLT will say he's above there treatment criteria (whether he is or not). And it will end up me taking to tribunal to force the matter consequently falling out with everyone

Miscible Wed 05-Dec-18 14:30:18

Look at Chapter 9 of the SEND Code of Practice which deals with the whole process of getting an EHCP and what should be in it - particularly paragraph 9.69. It makes it clear that the EHCP must describe all the child's educational needs, and must include provision for each and every need; it also sets out the fact that educational needs can include health needs that relate to education or training, and it has been accepted for a very long time that normally SALT will be an education need. There is obviously nothing in there that suggests that the duty to meet needs disappears if the LA doesn't feel like spending money on it. It could be worth pointing out to the school that, if SALT is in the EHCP then it is for the LA to arrange it and to finance it, unless all your child's support can be covered within the notional £6K delegated SEN funding that schools get.

I'm afraid it's pretty likely that you will only get what you need via the tribunal, and you will probably have to pay private experts to help you get it.

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