Do services funded by a personal budget need to be from an LA approved providers?

Hello,
I hope that you may be able to help; I have a query about personal budgets.

We currently have a PB for my son's independent OT. This service is delivered at my son's school by an outreach service run by a specialist school. He's had the same therapist for around 18 months.

This was approved by the LA, to be paid business-to-business during his EHCP AR process and I have panel decision documentation which supported the use of this specific outreach service, as my son has an established relationship with them and no other OT service could do the in-school visits.

We're currently in tribunal with the LA (section B and F) and now two months before our hearing date the LA have told me that the OT provider is not on their list of approved providers and that they want me to consent to my son being reassessed so that they can move him to an alternative service.

I think that the LA are trying to pressurise me into having LA assessments (as we've currently got independent reports). I'm aware that they can write to SENDIST and request access and that personal budgets are also outside the remit of the FTT.

The specialist school that provide the OT service do educate children from my son's LA, so I find it hard to believe that they are not an approved service. I am digging into this!

I've read the regulations around PBs and I can't see that there is actual a requirement for the provider to be on an LAs approved list? Is this correct?

Sorry, that was a bit long winded.

Thanks so much, Verity

VM

Verity M

27 Jan 2025

0 I have this question too

Comment Follow Request an answer

Can Social Care be compelled to attend Annual Review meeting?

Our daughter (aged 22) is currently at residential/supported living further education college in Hertforshire. She needs to leave this year and so the LA requested an early Annual Review meeting which takes place this Friday. Whilst the SEN Caseworker will be in attendance, the social worker who was assigned to our daughter's case last year has been taken off her case and as yet, nobody has been appointed by the Social Care team. Are they legally bound by SEN guidelines/COP etc. to attend?

It is fundamentally important to have them part of the process, as we have to decide where our daughter is going to live. We are currently looking for residential care home closer to our home (in Farnborough, Hampshire). So they need to be integral to the whole transition process.

Any advice would be welcome. Thanks.

Johann Diaz

20 Jan 2025

0 I have this question too

Comment Follow Request an answer

Interventions in section F - should the intervention and the assessment methods be described? Example: "Daily 1:1 mathematics booster planned by a teacher and delivered by TA. Effectiveness will be assessed in line with the National Curriculum framework and measured in year groups."

Most interventions within reports do not mention how to measure outcomes - should schools default to the National Curriculum descriptors in such cases? I am confused how the 1:1 ordinary available provision and the EHCP provision differ? If a child received a certain ordinary available provision and then an EHCP was issued, do they continue to receive the ordinary provision? The ordinary provision was more specific and clear than the EHCP provision.

TR

The Raven

N/A

11 Jan 2025

0 I have this question too

Comment Follow Request an answer

Annual Review and appeal

We have an ongoing issue with the LA not adhering to the legislations in regard to my son's Annual Review. We are currently appealing Section B and F and whilst the LA have confirmed that they will amend his EHCP, then have stated that they have no intention of actually issuing an amended EHCP.

Quote from the LA:
'The statutory guidance for Annual Reviews does not prescribe a specific template for issuing a Local Authority proposed EHCP – there simply is not a temptlate for EHCP’s therefore utilising working document to replace the amended proposal should not disadvantage your son'

They have refused to give me a legal basis for this, instead stating:

'I must respectfully clarify that the Local Authority, as the respondent in this appeal, is not in a position to provide further legal justification or interpretative guidance to the appellant. If further clarification on legislative matters is required, we would kindly suggest seeking independent legal advice or advocacy to support your understanding of the statutory framework.'

My understanding was that a Working Document is used for communicating changes during an appeal and therefore it is isn't appropriate to suggest this as a replacement/alternative?

Given that our hearing is in early April, I'm not sure if we have any options in terms of a Pre-Action letter/Judicial Review? Would it be better to concentrate on preparing for the appeal and bring up there what the LA have done? I have already submitted all of our AR meeting minutes etc... as evidence to SENDIST, so they will know that at least part of the AR has taken place.

Thanks,
Sofia

SH

Sofia Huguet

09 Jan 2025

0 I have this question too

Comment Follow Request an answer

Is there guidance what evidence should tribunals disregard?

If evidence is 3/4 years old but has not been replaced by newer evidence, should this be automatically removed form EHC plans? If evidence is 3/4 years old and matches more recent evidence, should it always be taken out of an EHC plan because it is old? Are there instances where some of it should remain? For instance, evidence that shows progress in a certain area (or lack of progress) would need a start point and a current point in time. Thus, evidence regarding a start point in the past is needed in the plan as part of needs?

TR

The Raven

N/A

07 Jan 2025

0 I have this question too

Comment Follow Request an answer

Who can request EOTAS?

I work at an SEN School & we are trying to move one of our pupils onto EOTAS, as we cannot meet need within school or the local area. The local authority are stating only they can request EOTAS and not the school. I want to know if this is true or not? & if it is not, if there is any case law to back up this up.

CF

Chris F

Education

12 Dec 2024

1 I have this question too

Comment Follow Request an answer

Can flexischooling (such as two days a week home learning) be an EHCP provision and what evidence (apart form professional reports) counts as reasonable evidence for it?

If a child spends considerable amount of time out of class, is this child eligible to receive the support needed (from parents) and use this time to study at home?

TR

The Raven

N/A

20 Dec 2024

2 I have this question too

Comment Follow Request an answer

Can we refuse an early annual review when an appeal about the contents is underway?

School want to do an early annual review after only six months, whilst I am doing an appeal about the contents of the original EHCP. I am worried it will complicate matters and also potentially further reduce provision.

AB

A B

30 Nov 2024

0 I have this question too

Comment Follow Request an answer

During the appeal process, If the LA has failed to obtain information about a child's mental health, can provision, in the form of an assessment be added into the Working Document?

We are currently appealing Section B and F and we have my son's Annual Review this week, where I'm hoping to agree as much as possible with the LA. My son is autistic and has extreme anxiety. Our GP referrals to 3 different CAMHS services have all been rejected and the LA has not obtained any information from professionals about my son's mental health, so whilst I have reports from Ed Psych, SALT, OT which all highlight anxiety as a need, we have no specific recommendations for provision outside of school adjustments. I have now submitted a SEND7 asking SENDIST to provide directions in this matter, however I was wondering if I can suggest provision within the Working Document - such as an assessment from a mental health professional?

Thanks!

SH

Sofia Huguet

10 Dec 2024

0 I have this question too

Comment Follow Request an answer

B & F appeal on papers.

If the appeal is decided on papers does the tribunal send a working document with whatever amendments they agree to with the order?

MH

M H

04 Dec 2024

0 I have this question too

Comment Follow Request an answer