EHCP provisions and staff sickness

[Alltheyearround]

DH has just gone to a meeting with school head this morning.

Lots of things to tackle but a major issue is that DS (14) with multiple SEND is not getting provision as per EHCP. School are saying they have had staff off ill - sometimes for 3 or 4 weeks at a time - so can't deliver his motor skills and speech therapy sessions (MS 4 x week and SALT 1 hr a week).

Can they use this as a legitimate excuse? I get that people are off sick, you can't avoid that. However, are they obliged to provide cover staff to ensure EHCP provision goes ahead?

We have had a lot of issues with non-provision over the years.

Y7 was a total train crash they had not even timetabled sessions and we ended up doing it all at home!

They also grumble about broad and balanced curriculum and how can we do this if DS is going out to these speech/MS sessions.

It's a mainstream with enhanced unit for SEND children.

Presumably, the staff doing the interventions are trained to do them, so I can see how it would be difficult to find someone immediately, with the same level of training. 3 or 4 weeks is quite a long time though, to go without those interventions and I would expect that relevant services would be contacted to offer advice.

Is the provision detailed, specified and quantified? Or is it vague and woolly?
If the former it isn’t acceptable as an ongoing issue. Remind the school the provision isn’t optional. Follow up the meeting with an email. Also email the LA to inform and remind them they are ultimately responsible for ensuring the provision is provided. Then, if it continues email the school again reminding them the EHCP is legally binding and failure to provide provision leaves the LA and them open to legal challenge. Also email the LA again threatening judicial review if the situation persists.

Unfortunately, if the wording is vague and woolly it isn’t enforceable and you should request an early review to try to tighten the wording up.

Wording is specific. Staff who do the motor skills are TA's, it's all written in DS file - everything from sit ups and scissor skills. They are not trained.

Speech is with HLTA who is experienced but not trained. @Bluevelvetsofa This would be harder to pick up as it is more complex than the motor skills.

The difficulty schools face is they do not have spare LSAs or HLTAs to cover absence, nor do they have the money to look for agency staff. Also the length of time anyone person is off sick is unknown and often will be known a day or two ahead and extended as time goes on. I get this is failing the child who needs interventions delivered, but schools do not have spare staff or finances to cover in the short term.

It is clear in the OP’s situation it isn’t just about the odd illness. Otherwise OP’s DC wouldn’t have been without provision for the whole of Y7. Lack of resources and funding is not a lawful reason for not providing provision detailed, specified and quantified in F must be provided. If schools need more resources to deliver the provision they should approach the LA.