No therapy provision

[ReplacementBus]

What can I do if my child isn't being given the SALT time specified in their EHCP? They've not been seen since September, and entitlement is 14 hours each year. School say they've got no allocated SALT and they don't know what to do. Who should I contact? My child is not making progress, and the local authority aren't meeting the requirement in their EHCP.

It depends on the wording because if it only says 14 hours per year you won’t be able to enforce it yet as there’s still time for it to be delivered later in the academic year.

And whether the provision is in section F as it should be or in G.

If you think the provision is specified and quantified enough to be enforced email the LA’s Director of Children’s services informing them it isn’t being provided and reminding them they are ultimately responsible. If that doesn’t work email again threatening judicial review. Then if needed contact SOSSEN for help with a pre-action letter. But this is only possible if it is enforceable. If it is vague and woolly with wording such as “access to” “would benefit from” “or equivalent” “regularly” etc. it isn’t enforceable.

If it isn’t enforceable ask the LA for an early review in order to make it so.

Thank you. Yes, I understand that it's across the whole year and technically they could give it all in July if they wanted, even though that would obviously be stupid. School have warned me that they've not been given an answer about how my child's SALT is going to be provided throughout the year.

Wording seems quite clear to me, no "access to' or wooly wording on this part. So I'll contact the director of children's services to query how it is going to be provided and remind them that it's their responsibility.

Thank you

Unfortunately if the wording isn’t more specific than across the year it isn’t enforceable yet. By all means email the Director of Children’s Services querying it but JR won’t be possible at this stage.

Either at the next AR or via asking for an early review the wording needs altering to X amount every week/2 weeks/half term/term (depending on needs).

If a local authority Therapist refuses to issue an Education, Health, and Care (EHC) plan after carrying out an EHC needs assessment, this decision can be appealed to the SEND Tribunal.

If a local authority Therapist refuses to issue an Education, Health, and Care (EHC) plan after carrying out an EHC needs assessment, this decision can be appealed to the SEND Tribunal.

Therapists don’t issue EHCPs, the LA do.

OP’s DD already has an EHCP, the LA haven’t refused to issue. OP could appeal the content in order to improve the wording of the provision and make it watertight but she would need to wait for the AR or ask for an early review in order to get the right of appeal.