help needed asap re education /heath needs

[roundthebend4]

ok i need some help please had conversation with lea and there trying the flannel that ds language needs and ots are health rather than education

Did throw curve ball straight back at them that without these needs ds can not access the national curriculm butknow theres a famous case can anyone link to it for me and the outcome

am on mobile so cant google it please as intend to quote it back at them via emnail am keeping it all documneted

R vs Lancashire

"The judgement included this comment, which is still the only guidance parents have as to whether their child?s needs for any kind of therapy is ?medical? or ?educational?:

?To teach an adult who has lost his larynx because of cancer might be considered as treatment rather than education. But to teach a child who has never been able to communicate by language, whether because of some chromosomal disorder ... or because of social cause ... seems to us just as much educational provision as to teach a child to communicate in writing.?

Although there is no equivalent to the Lancashire judgement covering other therapies (e.g. occupational therapy), the same argument has been used successfully by parents wanting to make their child?s occupational therapy secure. That is, by arguing that the need for occupational therapy is educational rather than medical, they get the need written into part 2 of the statement. The provision to meet that need must then be specified under part 3, which guarantees the help, as the LEA is ultimately responsible for making the ?special educational provision?."

1st and 3rd paragraphs are IPSEA, 2nd is the actual judgement.

thank you very much , know im going need bring sossen or ipsea on board as can see this going to tribunal but am expecting call back but wanted to get my shot in first

No problem had the IPSEA page open (am trying to get through to SOS!SEN and IPSEA myself). I hope your LEA backs down asap.

ty ds has it both in part 2 andl ea have acknowledged that ds will need help with these to enable him to access the curriculm in full so shot themselves in foot and i have it all on email to another lesson learnt from mumsnet trust no bugger in the lea

Tribunal anyone ,

im going to soon myself but cant tie up phoneline atm just wanted to besure before through the curve ball back hard

If it is in part 2 then you should be home and dry? From IPSEA again:

Many LEAs openly disregard the Lancashire judgement. Why? Because once the need for speech therapy is accepted as ?educational?, it must be set out under part 2 of the statement as one of the child's ?special educational needs?. And, once the need is set out under part 2, then according to ex parts E, the speech therapy provision must be specified under part 3, so that the ultimate responsibility for making the provision then rests with the LEA. They may ask the health service to provide the therapists but, if that isn?t possible, the LEA themselves must make the arrangements needed and cover the cost.

The message for parents is: ?Get your child?s need for speech therapy written into part 2, as a special educational need, and the rest should follow?."

R vs The Secretary of State for Education and Science, ex parte E (1991)

Ex parte E

If your child?s statement does not spell out each of her special educational needs in part 2, or if it doesn?t describe provision to meet each of those needs in part 3, you should challenge it on the grounds that it is contrary to the judgement in Ex parte E.

yep they have in part 2and part 3 that hee needs regular speech therapy but there not quantifying it other than daily work by a trained lsa

Ask them to specify a program and quantify be careful of the wording they tried wording mine " a salt therapist provided for by the local health authority".
So therefore if the health authority can't afford the speech therapy your child needs then we would be stuffed so to speak even with needs for salt being written in part 2 and 3.
The Lancashire Judgement is basically saying salt is an educational need so up to the LEA to provide, so if the health authority can't provide it the LEA has to get private salt therapy in.

Can anyone tell me is it OK for speech therapy to be in part 5 as well as part 2 and 3?