3. Mrs I complains that the Trust changed her son’s Education Health and Care Plan (EHCP) in September 2022. It changed his physiotherapy treatment from one-to-one sessions to a group session.
4. Mrs I says this led to her son having an increase in chest infections, his arms and legs became more rigid and he missed important time at school.
5. She wants the Trust to reconsider the recommended physiotherapy care and make sure its decisions are in line with guidelines.
7. The law says we cannot investigate a complaint where a person has the right of appeal to a tribunal, unless we consider this is unreasonable in the circumstances. We have discussed this with Mrs I to understand her circumstances and the outcomes she wants. We do not consider whether an appeal would succeed but whether it would be a reasonable option to look in to.
8. Mrs I complains that after the family moved into the area, part of her son’s EHCP changed. This meant he was no longer receiving one-to-one physiotherapy. Mrs I says this is not enough for him and the change has caused him significant health problems.
9. If you disagree with what is in an EHCP you can appeal to the Special Educational Needs and Disability Tribunal. This Tribunal has the power to change what is in an EHCP. The Tribunal could achieve the outcomes Mrs I is looking for.
10. Mrs I says she has already appealed the decision to the Tribunal and is waiting on the outcome. Since Mrs I is already taking this route, we think it is reasonable for her to continue. If, at the end of that process, the Tribunal cannot do everything Mrs I wants, we might be able to consider her complaint further. If Mrs I needs to come back to us, she should do so quickly.
11. We hope the appeal can give Mrs I the outcome she is hoping for.
1. We have carefully considered Mrs I’s complaint about Hertfordshire Community NHS Trust (the Trust). We have decided not to consider the complaint further because Mrs I is going through a separate appeal process.
2. We understand this been a difficult time for Mrs I, her family and her son.