What to do when provision isn’t being made
The work of a SEND parent is rarely over. No sooner than you’ve managed to get a fit for purpose EHC Plan finalised, you are on to the next thing. Make sure it gets implemented.
Every time there’s a whiff of something that should be happening, not happening, its enough to get the blood pressure rising, the steam coming out of our ears and us reaching for the phone or email to try to fix things.
What might not be happening?
School may not be putting in the agreed provision. Perhaps they don’t have the staff, the training, the time in the timetable, the resources, or any number of things. If this is the case, start with a conversation – understand why the provision isn’t happening. Understanding the underlying reason is the best way to find a solution.
NHS services may not be being delivered. Speech and Language or Occupational Therapy provision is often procured from the NHS. The NHS, however, has its own challenges of understaffing, and may not be able to make the provision in a reasonable timeframe. If the provision has been written as a special educational need – ie it is part of Section F – it is the Local Authority who is responsible for making the provision, and not the NHS.
Social Care provision may not be in place. This is harder to manage, because unless it is listed in Section F – educational provision, the Local Authority Education Department is not responsible for its provision – the Social Care system is responsible (ironically funded by the Local Authority in most cases).
So what do you do if the required provision is not being put in place?
Start by working out who is legally responsible for the provision.
Think of the situation when you rent a house. When repairs need doing, the landlord is responsible. The landlord may outsource this to a service provider, and ultimately if the service provider doesn’t turn up or does a bad job, you go back to the landlord as they are the person responsible.
The same is the case with the provision in an EHCP. Make sure you know who is responsible. The school is never responsible.
Contact the responsible party and let them know the provision isn’t in place and ask them to rectify the situation within a reasonable time. IPSEA has a helpful model letter and advice on how to do this which you can find here.
If you do not get a satisfactory result, within a reasonable timeframe (two weeks), escalate the complaint with the Local Government Ombudsman.
