is this possible and what do i do?- long rant (sorry)

[negligentmummy]

My daughter's final statement was issued early december after a fair amount of to-ing and fro-ing and proposed drafts. It provides for 10 hrs 1:1 per week, 10 session of SALT per term and 5 sessions of OT per term.

She attends an independent pre-school and after a few angry phone calls they were told their funding allowances to employ the 1:1 and she starts tomorrow (1st day of school).

I phoned the SALT team today to find out when their input will be starting- they haven't even received the notification yet!! Since DD statement was finalised 6 other statements with SALT provision have been finalised and the requests sent.

There are no more available resources for SALT in the area and DD will have to go on a waiting list- perhaps until SEPTEMBER!!

Is this legal?? If it says 10 hours per term isn't that the next term rather than in the third term after the statement is issued??

SALT say they cannot work from statement date but have to go from request date.

Because we have a statement we have moved SALT teams and our old NHS team can no longer see us.

what to do?

Someone more knowledgeable than me will come along soon I'm sure but I think because SALT is provided by the NHS, even though it is written in the statement it is not enforceable because the statement is done by the local authority and SALT is not part of them. Or at least thats how it works/used to work with other NHS provision (OT, Physio etc DS doesn't have SALT so that might be different.

I really don't know the answer, so I'm a fat lot of good, but I wanted to reply to give you moral support, until your message can be answered by someone who knows this sort of thing.

it sounds very frustrating. Have you tried to contact the head the head person of your new salt team and kick up a fuss, or try and ask if your old team will accept you back int hes short term as a goodwill gesture? Ringing up the head honchos has worked for me in the past, but I expect there's other things that more knowledgeable people will be able to suggest when they see your post.

HTh in a small way at least!

Does it state 10hrs per term in Part 3?? If it is then it is my understanding that the LEA has to provide it - paying for private if the NHS cannot do it. If it is in Part 6 only I don't think it is enforceable.

negligent ASAP call SOSSEN and go through your statement.

It may have to be appealed. Your wording might not be as tight as you think it is and you're running out of time.

It is in part 3.

My wording is:

Objective:
to develop her speech language and ommunication skills....

Provision:
10 hours of speech and language therapy within the first term to facilitate provision.... the speech and language theraoist will:
-provide individual treatment
-liaise with teachers and support assistant

• develop therapy resources...

etc etc.

does anyone know if andperseand is right??

(this is all further complicated by the fact that she is in an independent (non maintained) school as as such they were not obligated to fund anything, but now that they have agreed to, surely they can't renege on that??

Thanks for moral support too... am running up huge phone bill ranting on to all these people!!

I would have thought that if it says explicitly in part 3 "10 hours of speech therapy within the first term" then the lea are legally obliged to fund it if nhs can't.

I would double check sencop and with ipsea or sossen if you can get through for confirmation but meanwhile write to lea asking them to confirm how they will provide provision as stated in her statement.

Look at IPSEA website, Common Problems, no. 7. Also SENCop 4.44 and 8.97 might be worth quoting at them - not true that they are not obligated to fund if in non-maintained school (otherwise why the statement in the first place - and if it says the therapist will provide the therapy they must think it pretty important) but there may be more if you read it in more detail than I have time for at present.

Hopefully someone will come along with chapter and verse on this, but the wording sounds pretty tight to me.

Very worthwhile hanging on to speak to SOSSEN or IPSEA, even though it will take ages! Good luck.

Our LEA pay a private SALT to deliver my DS' statement requirements. Happily, it is the same chap who we paid for 2 yrs to see DS (win-win as far as we are concerned)

The statement is a legal document. You are in fact saving them money by sending your DC to an independent school, btw. Get on the phone and get snotty. It's her entitlement.

Thanks all. Will check out those links and try to get through to SOSSEN and IPSEA.

Spinkle- can I ask what LA you are in, on the last battle (funding in independent school) sossen did say that if there is a precendent in your area then they have to do the same... (i.e. if they are funding someone else in an independent school they have to fund you too)

Thanks

no-one answering the phone!! getting very frustrated!

Yes they must pay if in statement. You should ask council to arrange private provision if they do not complain and go to local gov ombudsman are cases on their website where have refunded parents who had to incur costs themselves. If council decide not to pay try and get it in writing you might even be able to judicially review them you can get legal aid for JR. But LGO is probably less hassle but they will expect you to have given council chance to put it right.

negligentmummy We're in Suffolk.

DS is not in an independent school, though I can't see it would make much difference. She's been awarded it, she should have it.

right- will put the fighting gloves on again...

oh, I just can't bear it. Why do we have to be so damn hard nosed just to get what our dcs need and deserve??

ok, I think this is nearly sorted- thanks all for help, references and cyber backing...

Speech therapy starts next week and they're sending in a private OT until the PCT have the resources...

phew!

Great news - what they should have done in the first place. So annoying to have to fight for that too - but good on you for telling them what's what.