Parents who see their children miss out on therapy detailed in their education, health and care plan (EHCP) should challenge it in the courts.
That’s the view of parent Alicia McColl. She has appealed six times against council decisions over autistic son Kian, 18, and won every time.
Lawyer Gurvinder Kaur urges councils to use private therapy when they cannot provide it themselves
McColl, from Surrey, said where councils cannot meet their obligations through their own staff they must use private speech and occupational therapists instead.
Call for ‘targeted support’
The Disabled Children’s Partnership has said “targeted support” is needed to help children recover after losing vital services during the pandemic.
The Partnership is a coalition of more than 100 groups. It includes charities Mencap and the National Autistic Society (NAS).
McColl said where the wording in the EHCP is specific and quantified and details, for example, 30 minutes per week of speech-and-language therapy then “the fastest route to resolution is judicial review in the name of the child”.
She said if the wording in the EHCP is not specific, there is only one option for families. That is to complain to the local government and social care ombudsman after first going through the council’s complaints procedure.
McColl said the aim of going to the ombudsman is to get the wording of the EHCP tightened up through an early review or at the next annual review.
Council ‘owes’ therapies
Evelyn Ashford runs special needs advice group Educational Equality. She has said that children and adults who missed out on therapy during the pandemic are owed it by their council.
Ashford fought successfully at a special educational needs and disability tribunal for her son Jasper, 25, to go on benefiting from his EHCP up to the day before his 26th birthday.
Gurvinder Kaur is an expert lawyer at Irwin Mitchell, who represents families of children with special educational needs.
EHCP is ‘key’ to right education
She said upholding EHCPs is “key to ensuring pupils receive the education they deserve”.
Kaur said where issues arise she would “urge councils to work with families to explore alternatives, such as securing private therapies”.
Autism Eye contacted the Local Government Association, but it did not respond.
Related:
- Warning to councils to deliver therapies
- Councils warned not to delay EHC plans
- Ombudsman slams council’s behaviour
- Parents urged to fight for therapy
- Judge rules training can go on to age 26
- Councils dodge duty to specify support
- Council pushed into paying for transport
- Mum wins compensation over education
Published: 15 September 2022
