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If a Tribunal rules for SALT provision, would LA use a private SALT already commissioned?
I am currently mid EHCP tribunal appeal over the addition of SALT and OT provision to section F. During this time, we have been privately funding a SALT ourselves who met our child and wrote a good report which became the foundation for the appeal.
Since then, there have been a couple of issues between the SALT and the school that have caused a bit of friction. We didn’t think this was too much of a problem, and just required a bit of meeting in the middle for both parties. However, the SALT has informed us that she doesn’t feel that she is a good fit and is politely withdrawing. Considering how difficult it was to get a private SALT in the first place, I’m not confident that we would be able to get another or if we even should.
Now I believe that if we win the appeal and a SALT provision is added to the EHCP, the LA would be entirely responsible for providing the specialist?
If we had a private SALT on board, would the LA take our SALT on board (which would require us to find a new one before the end of the appeal), or would they have to either provide their own (ignoring ours), or provide a personal allowance to us to cover the continuation of the privately funded SALT (if we can find a new one)?
My expected outcome is that we win the appeal, the LA then would be required to provide a SALT for the school, but the LA will not have one to provide (even if we do). They will sit on the tribunal ruling while we write letters of complaint that they are not providing the tribunal-specified support. Is there a clause or an act I should refer to when writing to the LA when this inevitably happens? What do you do when the LA just ignore the Tribunal’s ruling on the provision, to who do you go to next?
Many thanks for all your help. -
Can the LA refuse to attend a dissagreement resolution meeting and / or mediation prior to Tribunal?
I'm working with a family who were thinking of cancelling their Tribunal (luckily they haven't). They have been offered a Disagreement Resolution meeting by the mediation service. I am unsure if this is the same as formal mediation? Having waited 4 weeks for a meeting date the mediation service has responded as per below. I am at a loss as to what to advise further to the family now. Is there no statutory duty for the LA to attend either disagreement resolution and / or mediation?
After contacting your Local Authority, we have now received a response from them to your voluntary Disagreement Resolution request. On this occasion, your LA has, unfortunately, declined to participate in this meeting.
We are therefore closing this case. This does not preclude the possibility of the LA contacting you directly to attempt to resolve the problem. If we subsequently receive a response from your Local Authority, we will contact you to discuss further.
You may wish to consult your SEND Tribunal about your alternative options for proceeding with your Disagreement Resolution request. -
If YP is in specialist residential placement and is looking to stay there at post-16 transfer but the LA name the local FE college instead, can the YP continue attending the existing specialist placement until the Appeal process completed or do they have to attend the provision named by the LA in the interim?
Post-16 transfer wish to have continuing placement in specialist residential