[2024] UKUT 317 (AAC)

EM has an educational need for OT as special educational provision, and this cannot be delivered without an EHCP.

EM requires input from a speech and language therapist (SLT). Input cannot be obtained without an EHCP. It was accepted by both parties that EM has significant communication challenges. A referral was supposed to be made to a SLT by NHS continuing health care. The purpose of the referral was to obtain a therapist’s advice on strategies to be incorporated into EM’s daily activities. The referral could not be progressed as the NHS would only accept the referral if was made by EM’s GP.

If the care agency were to hire their own SLT or Occupational Therapist (OT) (which was being explored) this would be to provide training to carers rather than providing any direct therapy to EM.

There was a clear identified recommendation from a music therapist that music therapy should continue.

The LA’s response in closing submissions was that: