A SCOTTISH family fighting for specialist speech and language therapy for their nine-year-old daughter have appealed to ministers for help.
Jennifer Cassidy and her husband Steven, from Glasgow, have written to the Scottish Government asking them to intervene in the case of Melissa, who has dyskinetic cerebral palsy and dysarthria, which impacts on both her speech and movement.
Melissa, who is a bright child who attends her local primary school, has been getting intensive therapy from specialist charity Bobath Scotland - paid for initially by the health board and later by the family through fundraising.
The family, who live in Mansewood on the south side of Glasgow, believe the treatment has led to a significant improvement in Melissa's speech and asked for it to be included in her co-ordinated support plan - which sets out what all pupils with additional support needs are entitled to.
However, Glasgow City Council opposed the request arguing that her support needs were already being met and the case went to a tribunal.
Although the tribunal concluded the treatment Melissa had received at Bobath Scotland, which costs up to £5000 for a six week block, was to a "large extent" the reason for the improvement in her speech - and that she would benefit from further therapy there - the family lost the case.
One of the reasons was because the charity was not seen as an "appropriate agency" under legislation which governs pupils with additional support needs, with only local authorities and health boards coming into that category, as well as organisations specified in an order made by the Scottish Government.
Ms Cassidy, who works with families who have children with complex disabilities, has now written to Shona Robison, the Health Secretary, asking her to ensure Bobath Scotland is seen as an "appropriate agency" under the law in future.
Her letter states: "Due to the complex nature of Melissa's physical disabilities, speech is paramount to her ability to record her learning and to socialise with her peers.
"After a lot of questioning I have discovered children in this position are routinely denied therapy to improve the quality of their speech even if that is considered to be their most efficient and effective means of communication.
"I am asking if you as Minister for Health, would add Bobath Scotland to the list of appropriate agencies so that other children who can benefit from this therapy without recourse to the tribunal systems which only adds to families' stress."
Speaking to The Herald, Melissa added: "I feel maybe people are underestimating my ability to do things. If I had speech therapy I could communicate better with everyone and what I want is for new people to understand me and absolutely no-one to underestimate my ability."
Iain Nisbet, head of the Education Law Unit at the Govan Law Centre, in Glasgow, said there was something "very wrong" with a system that recognised the success of a treatment, but denied families access to it. He believes the real reason for denying the treatment is cost.
He said: "The tribunal's decision leads to a perverse and unreasonable scenario and will be of grave concern to parents of pupils with additional support needs across Scotland, many of whom depend on services delivered by charities.
"While voluntary sector agencies are not currently classed as appropriate agencies we believe that they absolutely should be included where they have a role to play."
A council spokeswoman said: "Our opinion is that Melissa's educational and additional support needs are being met in her current school and the outcome of the tribunal agrees with this. We will continue to support Melissa and her family through her coordinated support plan."
A Scottish Government spokeswoman said ministers were aware of Ms Cassidy's concerns and would look into the issues raised.
She added: "The Scottish Government is not aware of any reason why health boards could not make referrals directly to Bobath Scotland."
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