Provision being removed at annual review

[Wheretheskyisblue]

What are my rights if my son's special needs school tries to remove his salt provision? He has recently moved to the school and his ehcp has 90 min a week SALT. School want to cut this to 6 20 min session a term. I think this is becuase they are short staffed, only have 1 salt for the whole school. They have said it is becuase salt is delivered through the classroom and will train my sons teacher/1:1.

I assume if I fight this via tribunal I will need a private SALT report and will need one every year as they will just try to remove it again the following year? If this is the case maybe I am just better using this money to pay for private SALT?

The whole system is so rubbish. What is the point of an ehcp if the contents can just be removed every year?

The school don’t amend following AR. Do you mean the LA are going to amend following AR?

Provision in EHCPs shouldn’t be removed without clear evidence it is no longer necessary. Depending on wording and specifics, if the LA did remove it whilst it was still necessary you could in theory go down the JR route.

If you go the SENDIST route you will need evidence, so if you don’t already have it you would need an independent report. Once the LA see you will appeal they are unlikely to try it every year and if they do and it’s still necessary you can look at JR or the LGO.

It’s up to you whether you paying for independent therapy, but for 90mins a week that will be more expensive than an independent report.

Thanks for your reply. It is the school SALT report that is recommending that provision will be cut which I am sure the LA will happily incorporate in the EHCP as it will save them resources. I assume they will say this report is the evidence.
Can I ask what is deemed clear evidence? Is this set out in send guidelines somewhere?

The school SALT is contracted by the LA and under pressure to cut provision as they are not able to meet demand.

Even if I do win at tribunal if the school SALT cannot deliver the provision due to capacity there seems to be little point paying out for the private report to get it specified. I have been quoted £1.5k upwards for this plus tribunal costs.

I don't think the school salt report contains any evidence of sufficient progress that means one to one salt is non longer needed, it just says the school's approach is delivery using the universal offer rather than one to one. On this basis is it worth going to tribunal without an independent report or asking for the provision via a personal budget?

Provision specified and quantified in section F must be provided, if it isn’t you can enforce it. If the LA can’t provide it in house or via the NHS they must commission independent provision.

The LA can’t remove provision because it isn’t what the school normally provide. It doesn’t work like that. Provision is based on needs. The LA may need reminding of that though.

If you are going to go to tribunal I would seek an independent assessment, however it doesn’t need to cost £1.5k for the report. For example, Libby Hill (v. well regarded) charges £735 plus travel. If you appeal and need an independent report but can’t afford it and aren’t eligible for legal aid Parents in Need can sometimes help.

If the LA are going to remove SALT provision from section F you won’t get a PB for it.

What clear evidence is isn’t set out anywhere as far as I’m aware, but there may be some case law somewhere.