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Can my son's school mark his private speech and language therapy sessions as "unauthorised" absence?
1) My son was diagnosed postnatally with a rare neurological condition that affects fewer than one in a million children born in the UK each year. He is currently under the care of the Neurology department at Great Ormond Street Hospital (GOSH), where he will continue to have regular check-ups and MRI scans every six months throughout his childhood.
2) In 2022, his condition deteriorated, and after a series of urgent and invasive interventions at GOSH, his clinical team referred him for Speech and Language Therapy (SaLT) in January 2023.
3) We later discovered that the school (an Academy) had opted out of the NHS-provided SaLT services. Additionally, the school's SaLT, who was employed through a third-party provider, went on maternity leave, leaving the school without any SaLT cover.
4) By July 2023, we, as his parents, felt it was crucial to privately commission SaLT services to ensure our son received the necessary support. Given the complexity of his rare condition and significant developmental delays, we decided to continue weekly private SaLT sessions alongside the therapy he receives(only started in January 2024) through his Education, Health, and Care Plan (EHCP) at school.
5) Since 2023, when my son began attending private SaLT sessions, his school attendance for these appointments have been marked as "authorised," as they were recognised as medical appointments.
6) However, as of this morning, we have been informed that moving forward, his attendance for these sessions will be marked as "unauthorised" and this will be reflected in his annual report.
The school's policy defines authorised absence as:
• When a child is absent, because of illness, and an acceptable explanation has been received
• Religious Observance (as defined in the exemptions list)
• Where a child has had a fixed term exclusion from school
• Medical/dental appointments. As above, appointments should be made outside of school hours.
wherever possible and the minimum amount of time should be taken.
• Exceptional circumstances (unavoidable absence)
• Any prolonged absence may trigger an unannounced home visit by the attendance/safeguarding team
7) Our son enjoys his private SaLT sessions. We have previously inquired about alternative time slots outside of school hours, but none were available.
The school is effectively forcing us to discontinue his private therapy, despite being the very reason we had to seek it in the first place.
8) As I understand, in Bromley v Special Educational Needs and Disability Tribunal (1999), it was determined that where speech and language therapy is necessary for the child to access and benefit from education, it should be treated as an educational provision, even if the therapy is delivered by health professionals.
At the same time under the Children and Families Act 2014, SLT is recognised as both a medical provision and an educational provision.Gordon M.
20 Sep 2024
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