Full funding obtained but can't bloody access it!!

[stardustmum]

ARGH! After a 2 year battle with the LEA, and oodles spent in legal fees, we finally have a statement and obtained funding for two full time ABA therapists within a mainstream school. Plus weekly SLT and OT, fortnightly ABA supervisor and monthly Consultant visits. There is now in excess of £46K in the pot to be used for DS's programme.

Head teacher now says that my therapists (very highly skilled and who have been with DS since the start of the programme 2 years ago) can't earn more than a tenner an hour because they will need to slot into the school's TA pay scales (scale 3) in order to accord with rules on equal pay.

I am livid! These therapists earn upwards of £20ph elsewhere and are brilliant. I am terrified that they will leave if they don't get any more money. What can I do besides topping up their pay myself? Has anyone else had this problem?

The truth is after a long and expensive battle, I thought we had all our costs met, yet it turns out that they are only allowing us to access half!

A condition of settlement with the LEA was that the therapists would be employed by the school and on their payroll, not self-employed as they presently are.

They are not TAs any more than other specialist a school might have on site I.e SALT, sports coach, music teacher, music therapist etc.

Do they do any hours outside of school? I.e prep, home-based that you could pay them a significantly higher rate for?

Get her to put in writing what she has said and explain her reasons. Daft bint!

Surely this is for the LA to sort out as the are the ones who have insisted on this arrangement? Tell the LA if they want the therapists to be employed by school then they must pay the going rate. If school does not agree the rate then the LA will need to rethink them not being self employed.

Our statement is drafted to say LA are responsible for funding the ABA programme and providing access to a mainstream school. When our LA were being stupid and saying as the programme was over a certain amount it would have to go out to tender we said no, the wording (from tribunal) was that the LA fund the ABA the decision said nothing about organising it. The LA then said we could organise it (choose provider) and they would pay. If you have the agreement to £46k and breakdown of costs in writing I can't see the LA taking you to tribunal over this. It seems to me they must have agreed the staff and costs to get to the £46k so it is for the LA to overrule the HT.

TBH it is going to be difficult for school as they will have to pay sick pay, holiday pay, pension contributions etc etc and potentially the staff will get employment rights.

I can't see that it is any different than school employing a supply teacher from an agency, I don't see why they have to link it to TA pay.

Another issue to consider is what happens if the ABA tutor is ill? We don't take DS to school then. But if the school are responsible for provision your child may have to go and they may have to find a replacement. Again you might want to agree in advance what will happen in this scenario. Also what if the child is ill? Will the tutor have to go to school anyway?

Thank you.

Starlight - They don't do any hours outside school because the LA insisted that to fund the programme it would all have to be conducted at the school's premises.

Agnes - I totally agree that it should be the LA to sort this one out yet they are now putting up their hands, saying it's over to the school.

Anyhoo, consultant has stepped in and it looks like it may be getting sorted, although it means slipping through loopholes to get what we want!