Employing a family member through PB/EOTAS

[DaftAs]

Ds(14) has been out of education for 3 years after SS said they could not meet needs. In that time the LA has sent us 3 tutors non of whome were able to engage Ds because they weren’t the right people and because of his previous traumas. PB has been agreed but everything I have asked for has been kicked out apart from 15 hours of a tutor in our home which is just pointless and will create more problems than it’s worth. A family member is an LD nurse and qualified TA with many further SEND qualifications, she’s the only one who gets him , can do anything with him without my presence and I would like to employ her so that ds and myself get a bit of independence but the LA are saying we can’t employ a family member. They have cited adult social care policy (which makes no sense). Lots of teachers teach their own children and direct payments can be paid to family members if not under the same roof so it makes no sense. I could really do with knowing where I stand with this before we go to mediation next week. HELP!! I’m so wrung out by it all

Focus on appealing B&F to ensure B has all educational needs and F details, specifies and quantifies all the necessary provision, including the training, experience and qualifications etc. professionals require and provision other than tuition.

PBs are based on the provision in F, so it is pointless focusing on the LA not allowing DPs to be paid to your relative now before F has been amended sufficiently because if F states a tutor you won’t get a PB for someone who is a LD nurse/TA so any further discussion about who should fulfil the role is irrelevant. Section J also can’t be appealed to SENDIST.

Don’t get drawn into prolonged mediation. LAs use mediation as a delaying tactic. Just get the certificate and submit to SENDIST. If the LA is going to concede, they will do so regardless of whether you actively partake or not. If tuition isn’t suitable, you can pursue other provision via appeal.