Who is responsible for delivering therapies?

[CopASealOfThese]

DT2 has an appeal hearing for non issue of EHCP coming up. He has an independent OT report which specifies therapies he needs.

Will DH and I need to fund these therapies or should DT2 be referred to LA OT? If we lose at tribunal, DT2 is still going to need the therapies. How will that happen?

If an EHCP is issued, anything that educates or trains, including therapies such as OT, must be in F and therefore ultimate responsibility lies with the LA, although sometimes they will be delivered by the NHS (but not always). You wouldn’t have to fund them.

If an EHCP isn’t issued, unfortunately DT2 may not receive the therapies unless you arrange and fund them independently. It may be available on the NHS but there will be a waiting list, it is unlikely to be as frequent or for as long and if it includes sensory integration OT that isn’t provided on the NHS in all ICBs.

@ThomasWasTortured TYSM. My worry is if there is no EHCP then DT2 will not receive the much needed therapies. My case is built around the fact that without an EHCP he will not receive the recommended provision (therefore making an EHCP necessary). I’m not sure it’s enough to win. His needs are quite severe in how much impact it has on him. I just hope the tribunal will listen to me and see that in the real day to day of a MS school, his needs are not going to be met as the provision will be inconsistent and not enforceable. I’m so nervous about the hearing .

Take hope, the majority of appeals are upheld. From your posts, not just on this thread but the other one too, I think you do stand a good chance.

As well as the OT report, what are the other reports like? Do you need any other independent reports?

He also has an educational psychologist report from the EHCNA but it wasn’t very good if I’m honest. We are saving hard to get an independent Educational report but I’m not sure if it’s too late for our hearing now. The main issues are sensory integration so we went with OT first and that report is very good. It also explains how DT2 learning is impacted (he’s intelligent but has limited concentration).

DT1 has learning difficulties so his issues were more easily spotted.

If you aren’t eligible for legal aid but need independent reports you could contact Parents in Need as they can sometimes help fund them.

You aren’t necessarily too late, cancellations do crop up.

@ThomasWasTortured TY. It’s quite frustrating that the independent reports date so quickly too. DH is a high earner so we likely won’t qualify for any help but it is worth adding ourselves to a cancellation list at least.

It used to be that independent reports were considered up to date for around 2 years, but over the last few years SENDIST have considered reports much younger out of date.