Monday, 22 October 2012

Duty to provide therapies

Question: Under the new EHC plans, there won't be a duty on health to ensure they provide what is set out in the plan.

IPSEA's answer: Yes, this is our interpretation of the draft provisions. As with current legislation, unless therapies (usually occupational therapy, physiotherapy and/or speech and language therapy) are specified as educational provision in Part 3 of a child's statement of special educational needs, an LA has no duty to ensure they are provided – and neither do health. There is a danger that the draft legislation will make it impossible to describe therapies as educational provision, because the draft’s definition says that "health provision" means the provision of health services by the NHS. We will be lobbying with others to ensure that this does not mean that therapies will not be able to be included in the educational provision section of the EHC plans.



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