SEN Direct Payments - Dept of Ed response

[appropriatelyemployed]

Here is the response I have received from the DoE after two months of waiting:

The pathfinder authorities are currently testing proposals in the SEN and Disability Green Paper to offer all families with the new Education, Health and Social Care Plan the option of a personal budget by 2014.

As part of this testing, the pilot sheme for direct payments set out in the Order gives the local authorities the power to test the use of direct payments for special educational provision. The scheme allows any family in a pilot area to request a direct payment when they receive a copy of a new or amended statement or where a learning difficulties assessment has been carried out.

Local authorities named in the Order are required to consider any such request but are not under any obligation to agree it where there are good reasons for them not to do so. Paragraph 11 of the order sets out the considerations that local authorities must make before deciding any individual request.

So is a good reason because LA are not testing that part of the Green Paper in your area / for your age of child?

Our LA said they have no duty to offer DP to anyone, they can decide what parts of the Green paper to test, where and with who (and are only testing DP for over 16's in one town). DH found something in the original application process which suggests this was correct, there was never any duty to test all the core parts, the LAs could pick and choose.

Am confused - of course a power does not mean they have to do it - but the reply suggests the only reason not to would be the para 11 considerations?

Can you scan it and email it to me? I might go back to them and try again.

Is there a list anywhere of which LAs are involved in this pilot?

list here

Thanks Agnes - our area is there. Sounds like a great idea if it lets parents have some budget control and forces health and education to work together more closely rather than pass responsibility to each other. But like zzzzz, not sure how the logistics of it work.

we asked for salt as dp (as nhs one useless) and refused on basis not yet got dp in place generally

I bet a good reason to not fund ABA is that they just don't agree ith it.

DH is saying does 'pilot area' mean the whole LA or can a LA decide a 'pilot area' is just a small part of the County e.g. here they are saying 1 town is a pilot area.

Can a pilot area mean 'children that don't use SALT sevices'?

If the pathfinder authorities are anything like mine (on which I'm a parent rep), nothing's been decided yet. I think the way forward may be to test the water by applying.

Someone on MNSN linked to this blog a while ago, and it's worth a read. www.education11kbw.com/?tag=sen

The list of reasons to refuse are set out in the SI - see here

They are:

Decision to make direct payments

11. Before deciding whether to make direct payments in respect of a beneficiary the local authority must be satisfied?

(a)that the way the person who will receive direct payments proposes to use them to secure the agreed provision is an appropriate way to do so;
(b)that where a parent, nominee or representative is to receive direct payments on behalf of a beneficiary, that person will act in the best interests of the beneficiary when securing the agreed provision;
(c)that the making of direct payments in respect of the beneficiary will not have an adverse impact on other services which the local authority provides or arranges for children and young people in its area for whom it maintains a statement of special educational needs under section 324 of the 1996 Act or who are subject to a learning difficulty assessment arranged under section 139A of the 2000 Act; and
(d)that securing the agreed provision by means of direct payments in the case of that beneficiary is compatible with the authority?s efficient use of its resources.

There is no legal right to receive a payment but if they refuse the LA must give reasons under the Order.

You can only apply if your LA is one of those listed in the Order under Sch 3.

So d is what is used when they have ready awarded a contract to the NHS for SALT/OT?

That is the problem!

Ahh but my LA has not quoted d, they have quoted that they are not trailing DP in my part of the County / for DS age range.

I am thinking we should reapply for dp...

Actually I think they may quote c - adverse impact being that if they let us sack NHS SALT they won't have anyone on the inside to lie for them at the next tribunal...'Dear Mrs Di Pesto we can't let you have DP to employ a private SALT as they may tell the truth about your child's speech therapy needs which would have an adverse impact on the SEN budget'

Tee hee!!

You should write back and tell them you want a review of their decision as per the Order (which provides a right of review/appeal against a decision) and then do so on the grounds that their decision is ultra vires the Order!

"Anecdotal evidence is that the first instinct of many cash-strapped local authorities is to refuse even to assess a child for a statement, leaving only those with the sharpest elbows standing."

www.telegraph.co.uk/education/9260331/Can-20-per-cent-of-schoolchildren-really-have-special-needs.html