Case Study: Increasing NHS Children’s Continuing Care Funding Through a SEND Tribunal Appeal
Summary
How our Community Care and Education team, based in Brighton, secured increased NHS Children’s Continuing Care (NHS CCC) funding through a SEND Tribunal appeal. This included increased social care Direct Payments and funding for a home education programme for a child with severe disabilities.
The situation
Ellie is 10 years old and has multiple physical disabilities and severe learning difficulties following a brain injury she suffered as a baby. Ellie requires 24/7 care and receives NHS CCC funding. She is educated at home with a sensory curriculum which is carried out by her carers flexibly around her health needs. She also receives Speech and Language Therapy, Occupational Therapy, Physiotherapy, Music Therapy and play therapy in the home.
Ellie had an Education, Health and Care Plan (EHCP) which provided for the Council to contribute to the cost of her home education. However, this only covered one quarter of the actual costs of the home education programme, therapies and equipment.
What Martin Searle Solicitors did
We acted for Ellie’s parents in a SEND Tribunal appeal against the EHCP. Their appeal was run through the National Trial process and included an examination of Ellie’s health and social care provision. We obtained expert evidence which confirmed that Ellie is unable to be educated in school and so it is the Council’s responsibility to meet the full cost of her education at home.
The Result
Through ongoing negotiations with the Council’s education department, social services and the CCG, Martin Searle Solicitors secured an increase to the NHS CCC award, increased social care Direct Payments and more than tripled the funding for Ellie’s home education programme. This means Ellie will now benefit from a holistic education, health and social care package worth over £170,000 per year.
If you need advice on your child’s entitlement to NHS Children’s Continuing Care, social care and/or Special Educational Needs funding, our expert Community Care Law and SEN solicitors can help. Contact us today on 01273 609911, or email info@ms-solicitors.co.uk to find out more.
