Tribunal and OT

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Hi, if you have a Tribunal booked anyway for one thing (change of school), but then end up home educating.
Is it worth changing the Tribunal to try and get Occupational Therapy paid for. It is said that it is needed in lots of reports we have.
We do have an EHCP, which needs updating with that advice.

On the one hand it's easier to cancel the Tribunal and if you home ed then you take full responsibility for the education. But then on the other hand, I have read of people saying they get the OT paid for and it is a health need and it will cost alot privately for us. Do we have a right to anything?

I need a bit of advice on that. Thank you.

OT provision belongs in F (special educational provision) and the corresponding needs in B (special educational needs) rather than in C (health care needs) & G (health care provision). Health care provision that educates or trains is deemed to be special educational provision. See section 21(5) of the Children and Families Act 2014.

If you EHE, the LA doesn’t have the same duty to provide the provision in F. Therefore, mostly, they don’t. It is very rare to get a personal budget for EHE (rather than EOTAS/EOTIS) these days. To put it into perspective, someone did FOI requests to all LAs in England. Nationally, in January 2025, there were 168 CYP with a PB who were EHE plus a few that weren’t disclosed because 11 LAs thought disclosing the small numbers would lead to data protection issues and 11 LAs couldn’t separate out the data. So very, very small numbers. Even if a PB is provided, it is often limited.

Do you plan to continue to EHE long term? I don’t think there is a right or wrong answer as to whether to continue with the appeal. Some would. Some wouldn’t. Personally, I would, especially if you already have watertight evidence and no-one knowing 100% what the future holds.

BTW you are appealing section I, it is a good idea to also appeal B&F. This is because the placement named in I is the logical conclusion of B&F. B+F=I.

It will be long term with all the upheaval of new bills and laws and will probably end up being forever unless I get desperate so many years down the line :-)
Thank you, i will change the purpose of tribunal. I mean ive done most of the hard work already initially pushing for the tribunal. Nothing ventured 🤷‍♀️

The LA were desperate to cancel and release the space, but i will get the form over in the next few days.
We were appealing b, f and I. Thanks so much 🙂

Why do you not use the tribunal to argue for EOTAS including OT? You probably have chosen to home educate because your child cannot attend school and because you feel that the provision they require cannot be provided by their current or any localish schools - so that would support EOTAS rather than EHE - you didn't choose educating your child in the home because it's your idology. If it is medically necessary, if there are no schools that can neet needs, and if the child already has an EHCP, it's EOTAS, not EHE. EOTAS can look practically like home ed, if that is what you want, but ten the LA remains responsible for your child's needs, e.g. by providing supportive tech, materials (books, art supply etc), or online lessons or material, fees for taking GCSEs or other qualifications, and of course therapy like OT.

Thanks, yeah it wasn't elective really, although it had always been in my mind as a worst case option. But ive been so exhausted by the fight, burnt out, its less hassle to just have him at home now. And I now think 1 to 1 same person regulation all day wouldn't be a bad thing, really work on his gross, fine motor skills etc. I have now planned some lovely things to do in the coming months for us.
With EOTAS though, does he have to be registered as I deregistered him? I don't want anyone having access to him on the new laws coming to pull him back in.

Can you do Eotas with ot, deregistered where I do exactly what I want with him? On completely our terms.

If you were already appealing BFI, you don’t need to submit another form to include proposed amendments for OT provision. You can propose your amendments via the WD process.

If you have new evidence and your evidence deadline has passed, you should use a SEND7 for that, though.

EOTAS/EOTIS is only legally possible if it is inappropriate for provision to be made in a school. You will need evidence of that.

With EOTAS/EOTIS, section I is blank. There isn’t a placement or type of placement named. The CYP isn’t on the roll of a school.

EOTAS/EOTIS packages are completely bespoke depending on the individual needs. What is included in the package depends on what is in F rather than just what you want to do. OT can be part of an EOTAS package. It can be 1:1. The LA cannot compel you to provide provision in an EOTAS/EOTIS package, but you can be involved in the delivery if you want. The LA retains responsibility, so there would still be some LA involvement.

Oh the LA did offer us a place in our requested SS which said could meet needs (which we were very surprised at) but then deregistered because of the government's new plans. We just wanted ds as far away as possible from the new bills, until we know exactly what they are atleast.

Sorry, cross post. Yeah, that was our original plan if the SS didnt work, fight for EOTAS, but weve decided not to do that route now. I would like my ds to be completely out the way if there is fall out from the new laws, until I am sure of what they mean.
So new WD (EHCP draft yeah) listing all provisions from evidence, reports then say we wish to keep the tribunal date.
Should I just reply on email to our LA SEN tribunal officer, that we wish to still hold the date of the tribunal and we want to update our ehcp with new late evidence.
Sending in the SEND7 with 2 new reports. Then look to go ahead with tribunal as nothing to lose for trying to get OT.

Where you happy with the SS place? Then I don't understand why you deregistered. Most people are worried about the new law because they fear they will no longer have access to SS places or get things like EOTAS funded. So if you can still get in to your preferred SS before it gets harder, is that not a good thing? LAs already supervise EHE, they want lesson plans and progress updates, so you are never totally on your own. And if uour child had an EHCP in the past, they are likely to count as a vulnerable child anyway, that LA needs to give permission for EHE anyway.

But I totally get that you don't trust the LA. I'm doing EHE, and it's great, but for 2 kids, there is always the worry that financial circumstances change and I can't afford to pay for essential costs. GCSEs fees alone are almost 10k for both.

We couldn't guarantee the SS place would work, the more ive thought about it lately, the more I don't think any school would work. I don't want ds switched around between places hoping it will work and causing him more issues, i don't want all the fight for new provisions, we are all exhausted and sick of it.
The worry being if he went into an SS and it didn't work, we might never be able to get him back out with the new law, he would be burnt out in 6 months and we didnt want to risk it. Or if he lost his EHCP in a few years and was then pushed into a mainstream school, he wouldn't survive it. we just felt he was safer away from it all. I am not trusting the new bills to do the right thing for him. I would rather keep him safe. He has 13 years of education to go and if it goes wrong, thats alot of years of damage, I just don't trust the way the bills are going and lots of uncertainty.
But if we are entitled to OT then I feel we could try and get it, rather than just giving up and losing our right to something.
Yeah im happy LA having involvement, thats all fine.
DS was still in mainstream so all okay there.

Thanks, yeah, I am a very cautious person, looking for the underhand themes :-)
I don't trust easily, especially when it comes to powers saving money lol.
I think our LA has been not as bad as alot, but its more the government at the moment i dont trust.
DS is much happier being home ed and if the worst comes to the worst, we will buy a camper, sell the house and do what we need to do, im sure it would all turn right in the end :-D

If you EHE, the LA is highly unlikely to fund OT even if the Tribunal Orders that it be included in F. When you EHE, the LA doesn’t have the same duty to provide the provision in F. As I said in my pp, a PB for EHE is very rare. You could look on whatdotheyknow to see what the FOI reply for your LA was.

The WD isn’t quite a draft EHCP. It includes all the amendments proposed by you and the LA.

If you want to continue with the appeal, reply to the LA stating you won’t be withdrawing the appeal or settling by consent because there is still outstanding disputed content. If the final evidence deadline has passed, you will need to use a SEND7 to submit late evidence. Before submitting the SEND7 to SENDIST, you will need to seek the LA’s views. Note you don’t need them to agree to the inclusion of late evidence. If they ignore you, you don’t even need them to reply. But you do neee to seek their views.

The LA may ask for lesson plans, but they aren’t entitled to them.

An EHCP alone doesn’t mean permission to deregister is required, but from SS consent to deregister is already required for CSA pupils funded by the LA.

ah I might just leave it then, it does seem alot of fighting again and probably for nothing. Just a shame when reports say OT is needed weekly by an Occupational Therapist, and then they get nothing from NHS or LA, especially when you home ed and that's saved the LA a fortune per year, but it is what it is. I can do some OT myself from guides and what's been shown.

You can still look at a normal NHS OT referral. In some areas, you can self refer. However, the NHS offer is unlikely to be ongoing weekly OT. Not all ICBs commission sensory OT either.

Unfortunately, by EHEing, you relieve the LA of their duty.

SI Ot isn’t amazing. Well what I’ve seen of it. It depends on the person and whether they can bond with your child. Also, whether you child will accept the person or not. Up to 1 hr a week even if it’s £100 plus really isn’t worth fighting for (yes I get OT but my kid doesn’t want it so not worth the fight and mental energy) even if you get it granted at tribunal it’s not to say that the LA will provide something good / that means anything (yes I know they should it’s the law especially in section F but it can all still be a big 💩)

What I meant was there are bigger issues to fight for with the LA than OT as it’s so insignificant by comparison of being a 24/7 carer / doing all the other items which the LA just ignore (even with a shit hot EHCP)

Even if a child can’t engage, there is still a significant amount of support an OT can provide. Indirect provision is equally important. As is equipment.

Needing someone good who can bond is why the precise wording if is important.

For some, SIOT input can be life-changing.

IMO OT is worth fighting for.

EHE aside, if the LA fails to provide the provision detailed, specified and quantified in F, it can be enforced, including via JR if necessary.