EHCP Key worker off sick

[PixiesFeet]

My DD key worker has been of sick all this week. Obviously I understand people get unwell and take time of sick and are fully entitled too.

However my DD has been left without any support for this week and has struggled and been upset by this. My DD has a full time funded hours and has a key worker with her all day. Are they allowed to do this and leave her with no provision if her key worker is off sick?

What is the wording of section F? Is the 1:1 specified and quantified? Or is it vague and woolly with wording such as “would benefit from”, “access to” “or equivalent” “as necessary” etc.?

@Thatsnotmycar
Yes it is, states 1 to 1 for all provision and to be done by the key worker. Only exemption to that is for breaks and lunch which is covered by someone else but states that also in section F.

What is the protocol if a 1 to 1 is off sick? As previously cover has always been provided if key worker was off unwell or for any other reason.

If the provision is specified and quantified it must be provided. Have you spoken to the school? Speak to the school (and follow up via email) to remind them the provision must be provided. If it continues email the LA as they are the ones with ultimate responsibility for ensuring it is provided. If that doesn’t work threaten judicial review. Then if it persists you can contact SOSSEN for help with a pre-action letter.

@Thatsnotmycar
Yes I have spoken to both the senco and head teacher who said that they can not help staff bing off sick. Which I know happens, but I asked surely you have plans for when this happens to not leave a child who has full funding for 1 to 1 when its is specified and quantified in section F. Their response was no we don't!

I do not want to be seen as unreasonable I just want my DD to receive the provision she is suppose too.

Thank you very much for that info think I will follow up with an email as previous conversations were through telephone.

The school can’t help staff being off but they can arrange cover, especially when the absence lasts a week. They do have to provide the provision regardless of absence if the 1:1 is specified and quantified in F. Follow up your conversation with the an email so you have a paper trail and also email the LA’s Director of Children’s Services. Then if it continues email threatening JR and contact SOSSEN if necessary for help with a pre-action letter.

In principle, there is nothing stopping the school bringing in an agency LSA for the period of sickness

I understand that waiting times for SOSSEN help with pre-action letter is approximately a month at present so may need to use legal firm

The issue is availability of supply staff, even if school want to bring in cover there is often none out there.
What did they do? When I taught another 1:1 TA might work with 2 children together if there are no safety issues.
It's not ideal, but when you phone the agencies for cover and there is none sometimes you have no choice.
It's ideal, agreed.

I have had to keep my DD off school as she was having such distressing meltdowns and was refusing to go in.

Knowing that there would not of been any cover for her and having spoken to the school regarding this. I refuse to put her through that distress and let her fend for herself. Not ideal as I have had to take time off work too.
@Thatsnotmycar Thank you for that advice. I will be doing that tomorrow.

I feel for you. I’m experiencing the exact same situation currently. My dc is actually not allowed to attend school due to staffing