Whose responsibility is it to source my daughter’s provision within her EHCP?

After a long battle, we have now an up to date Educational Psychology and Occupational Therapy (OT) report to inform the EHCP. My daughter is 18 and in her last year at a special school. The OT report has made recommendations that 18 x 1 hr sessions be put in place to train staff to deliver a program and the LA have agreed. I have just found out that the school are now responsible for going out to tender for the OT provision.

I am horrified as the school have not been following the statement nor did they carry the EHCP assessment effectively. I asked for amendments and we now have a robust plan with needs and provision itemised.

However, the problem is making the school carry it out.  In addition, I was notified that the LA did not send the school a copy of the reports. When I challenged the LA on this, they said they were instructed by tribunals to NOT put lots of detail in the EHCP and not to send professional reports to school.

My daughter leaves at the end of May 17 so I need the provision to be put in place immediately.

  1. What leverage do I have on school/LA to make them source the OT
  2. Ensure the school carry out the provision as detailed in the EHCP?
  3. If the EHCP says 1:1 for literacy and numeracy, should I make school fund it or go back to LA to request more funding if they say they do not have sufficient?

Marguerite replies

Marguerite says:

Section F is where the special educational provision must be set out.

  1. The SEND Code of practice 9.69 provides more detail. Provision must be detailed and specific and should normally be quantified, for example in terms of the type, hours and frequency of support and levels of expertise. Provision must be specified for each and every need specified in section B.s.21(5) Children and Families Act 2014 (the Act) is an important section as it informs you about health care provision or social care provision which educates or trains a child or young person is to be treated as special educational provision (instead of health care provision or social care provision). Provision such as speech and language therapy and occupational therapy, needs to be included in Section F. If included in this section a LA has the legal duty to secure this provision even if the local health care or social care provider delivers it in practice.

Please ensure your daughter’s Occupational Therapy is in Section F!

IPSEA have a EHCP checklist you can use to check the content. You can download it from here:

https://www.ipsea.org.uk/what-you-need-to-know/ehc-plans/draft-ehc-plans

2.The Local Authority has a statutory duty to secure the provision specified in Section F of the EHC Plan s.42 Children and Families 2014 (the Act). Whilst a school or college will often be delivering it in practice, this duty will mean that if the school or college can’t or won’t secure this  provision  then  the  Local  Authority must do so.  This may happen when section F is not adequality specified.    If you feel the school isn’t delivering the provision you can complain to the Local Authority.

You’ll find a model letter from IPSEA here:

https://www.ipsea.org.uk/what-you-need-to-know/ehc-plans/final-ehc-plans-and-enforcement

3. If section F within your daughter’s EHCP states 1:1 literacy and numeracy, then my response above still applies.