Ehcp personal budget

[panda2023]

Hi all. I am in the process of a ehc review and feel i need to apply for (sectionJ) the personal budget.

I need help.

My son attends mainstream nursery & they receive the highest level of funding.
As he has Cerebral palsy & epilepsy, cannot go to the toilet ( still in nappies nearly age 4 ). Needs physio therapy ( which the nhs are not providing due to staff shortages) even though its in his ehc they are to attend school every 6-8 weeks.
I want to add a movement centre onto his ehc and pay for this with a personal budget. Is this possible??

I also would like to know about respite care as i never get time away only the 4 mornings 9-12 i need a mediacally trained babysitter. Would this be a part of the personal budget or direct payment?

Also nappies , fuel costs to the multiple appointments, forever changing footwear to fit everchanging orthotics.

Can anyone offer any advice on this please.

Many thanks.

Some of the things you mention could be covered by a personal budget, or personal budgets as the funding may come from different sources.
Is physio is detailed, specified and quantified in section F? No woolly or vague wording such as “access to”, “would benefit from”, “opportunities for”, “regular”…? If so, it can be enforced, via judicial review if necessary. If it is in F an educational personal budget could be possible. Same for the movement centre.

Respite could be via a personal budget from social care. Depending on needs, continuing care funding may be possible, which could lead to having a personal health budget. You could also look at why is DS only going to nursery 3 hrs a day/4 days a week. Will DS be starting school is September?

Fuel costs - are you eligible for the low income healthcare travel costs scheme?

Nappies - have you asked for a referral to the continence service? They may not see DS until he is older as, at 3, it isn’t outside the realms of normal to still require nappies.

Footwear - is DS eligible for footwear on the NHS?

Do you claim DLA? Are you receiving any other benefits you are eligible for?

Hello, and thank you so much for your reply. It is all very confusing to me as the EHC is new. He has recently received a diagnosis of autism and I have requested a emergency review on that EHC because I need to add the therapy and apply for the personal budget. That was never mentioned to me in April when he was issued the EHC.

The local authority have informed me that we are not entitled to an emergency review until October, even though he has had a new diagnosis.

I do not get any help with fuel costs and the only shoes that are available to my son on the NHS are Pedro boots which he does not need. Because he has splints I need to find shoes that can fit and these come at a higher cost of about £50 per pair. I feel that it is very difficult as a single mum and I never get a break. As for him starting nursery, I chose to defer him due to him being 18 months behind and an August baby, so is the youngest by far. He is only entitled to 15 hours a week. Yes, we are in receipt of DLA, but because the rents have gone up as have the bills, most of that swallowed up, leaving nothing for fuel costs for each appointment et cetera.

When in April was the EHCP finalised? Are you still within the appeal window?

Unfortunately, LAs don’t have to agree to an early review, and there’s no right of appeal. You will have to either wait for the annual review (or until such a time the LA will agree to an early review) or request a reassessment of needs which does come with the right of appeal if the LA refuses.

EHCPs are based on needs rather than diagnosis, so if therapies are needed they should already be in the EHCP.

With an EHCP, DC can receive full-time provision if appropriate. Even 15 hours should be 3hrs 5 days a week.

Have you checked whether you are eligible for help with fuel costs via the low income healthcare travel scheme? Are you receiving all the UC you are entitled to? Including the carer element and disabled or severely disabled child element.

Hi.

It was finalised the first week in april.

It states in his ehc that he is to receive physio go into setting every 6-8 weeks he has not seen physio since February due to staffing issues.

So i need him to continue hourly sessions of movement therapy that comes with a cost.

I was hoping to apply for this in the budget but he would need to start in September. And the review isn't
until October.

I dont have a travel payment and i do get carer allowance but unsure about the other payment.

I cannot work and am really struggling to get by

If the EHCP was finalised at the beginning of April you no longer have the right of appeal.

Is the physio in section F of the EHCP? And is it detailed, specified and quantified? If so, you can enforce it. Email the Director of Children’s Services informing them of the situation and reminding them of their duty under s.42 CAFA 2014. If that doesn’t work email again threatening judicial review. Then, if that fails contact SOSSEN for help with a pre-action letter. Unfortunately, if the provision isn’t in F &/or is vague and woolly with wording like I mentioned in my pp it isn’t enforceable.

I know you don’t have travel payments, but have you checked whether you are eligible and could receive support via the low income healthcare travel scheme?

You need to check whether you are receiving all the right benefits. What else are you receiving other than DLA and carer’s allowance?

Ok i will have a good read of his EHC and check the wording.

It all very confusing to me, and if I'm honest, I am not that clued up. The only other benefit I am receiving a child benefit and universal credit. I have another child also who has autism who attends specialist provision and with his EHC it was a breeze. Why do they make things so difficult?

Here is part of provision F

Unfortunately, that provision is vague and woolly.

With UC, are you receiving all the right elements?
Do you have:
Standard element - £292.11 (if under 25) or £368.74 (if 25 or over)
1st child element - £315 (if born before 6/4/17) or £269.58 (if born after)
2nd child element - £269.58
1st disabled or severely disabled child element - £146.31 or £456.89 depending on what rate DLA they get.
2nd disabled or severely disabled child element - £146.31 or £456.89 depending on what rate DLA they get.
Carer element - £185.86
Housing element (if you rent) - the amount depends on who you rent from and if private rental the area you are in.

Do you also receive council tax reduction and 25% single person discount?

You should be eligible for the low income healthcare travel costs scheme.

Have you applied for any grants you may be eligible for e.g. Family Fund?

Sounds about right yes.

Ok so when i do get to review the ehcp would you recommend how it is worded?

It needs to be detailed, specified and quantified. For example, “physiotherapy service” doesn’t actually state it will be a physiotherapist. “as required”, “approximately” “such as”, “etc.”, “may require” need removing. It needs to state the length of the physio session. What exactly is a “significant change”? Who exactly is “school staff”? What is an appropriate safe area? Your definitions will not be the same as the LAs. It needs to specify and quantify who will support physio activities every day, what qualifications/training will they have, how long/frequently they will undertake the support and where, what those activities are. It needs to state the resources that might be purchased. I could continue, basically it is far too vague.

However, the provision in EHCPs is taken from the reports. If the reports are vague and woolly the EHCP will be too. Following a review, you may have to appeal and seek independent assessments.

Thank you so much for this info & taking the time to reply