Q:
We have EOTAS following tribunal, with provision specified in section F. It is now five weeks since we received the tribunal order and the provision ...
We have EOTAS following tribunal, with provision specified in section F. It is now five weeks since we received the tribunal order and the provision is not in place - ie we haven't received the personal budget. We have received a pb contract, but it doesn't include all the provision in section F. Some of which is really clear (eg 38 weeks instead of 39) and some I think the LA would consider open to interpretation, though seems pretty clear to me. I don't want to sign a contract that isn't correct, but I do need the money ASAP to pay the providers. Is my best option just an official complaint? Is there any wording to quote to potentially speed things up? Thank you
A: SenseCheck
- 1 Yes
- 0 No
- 1 Other
- 25 Aug 2022
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Yes
Complex
The general rule is that an amended EHC plan needs to be issued 5 weeks following the Tribunal Order being issued. I would remind them of this and let them know that you will notify Tribunal of the same unless the plan is issued and delivery of provision is commenced.
Guv Samra
Shoosmiths - 24 Aug 2022
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Other
Other
Can't answer yes or no.:
The LA has a clear legal duty to provide what is in Section F of the EHCP. If the personal budget doesn't cover all of the provision set out in Section F then you could challenge the LA by threatening to bring judicial review proceedings against them. The first step towards doing that is to send a letter before action - if it's fairly clear cut that they are simply failing to provide the entirety of the provision in Section F then they would hopefully back down without the need for you to actually issue proceedings against them - if it's less clear cut for some reason, then this might take some time to resolve. In the meantime I can understand why you need the money they are offering asap, so one option would be to sign the contract but to make it clear when you send it back to the LA that you don't agree with the calculation of the personal budget itself and will be corresponding with them separately about that - but that in the meantime you accept the contract just so that your child can start to receive education.
Caroline Barrett
Rook Irwin Sweeney LLP
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1 Comment