| Reference | FOI 2025/1537 |
|---|---|
| Description | Commissioning of Children’s Therapy Services for Oldham Locality - SEND Statutory Duties |
| Date Requested | 29/12/2025 |
| Date Replied | 24/02/2026 |
| Category | Specialised Commissioning |
I am submitting this request under the Freedom of Information Act 2000.
This request relates specifically to the commissioning of children’s occupational therapy, physiotherapy, and speech and language therapy services (collectively referred to as “therapy services”), including sensory assessments and statutory assessments for Education, Health and Care Plans (EHCPs), in the Oldham area.
a) Copies of current contracts, service specifications, and commissioning agreements for children’s occupational therapy, physiotherapy, and speech and language therapy services provided to children in Oldham;
b) Any commissioning policies, strategies, or frameworks that specifically address the ICB’s duties under Section 42 of the Children and Families Act 2014 to arrange healthcare provision specified in EHCPs;
c) Service specifications that reference statutory duties relating to:
d) Copies of any Section 75 partnership agreements with Oldham Council relating to jointly commissioned therapy services for children with SEND;
e) Any documented allocation of responsibilities between the ICB and Oldham Council for fulfilling Section 42 duties in relation to therapy provision specified in EHCPs;
f) Any policies or guidance regarding circumstances under which therapy services may decline to provide advice during statutory EHC needs assessments, or circumstances under which provision specified in an EHCP may not be delivered.
2. Commissioning Decisions and Capacity Planning Please provide:
a) Records of commissioning decisions relating to children’s therapy services in Oldham from the last 3 years, including any decisions to increase, reduce, or maintain service capacity for occupational therapy, physiotherapy, and speech and language therapy;
b) Any needs assessments, gap analyses, or demand and capacity reviews conducted in relation to children’s therapy services in Oldham (last 3 years);
c) Evidence that the ICB has assessed whether commissioned capacity is sufficient to meet:
d) Any business cases, proposals, or reports regarding investment in or changes to children’s therapy services in Oldham;
e) Any correspondence, reports, or briefings regarding workforce shortages, waiting lists, or capacity issues in relation to children’s therapy services in Oldham.
3. Financial Information Please provide:
a) The total budget allocated to children’s occupational therapy, physiotherapy, and speech and language therapy services in Oldham for each of the last 3 financial years;
b) Any analysis of whether funding is adequate to meet statutory EHCP obligations under Section 42;
c) Any reports or papers regarding financial pressures, efficiency savings, or cost improvement programmes affecting children’s therapy services in Oldham.
4. Monitoring, Oversight and Performance Please provide:
a) Any performance monitoring reports, dashboards, or data sets (last 3 years) tracking:
b) Any audits, compliance reviews, or quality assurance reports relating to the delivery of statutory EHCP duties by therapy services in Oldham;
c) Minutes from ICB meetings or board papers (last 3 years) where children’s therapy services in Oldham, SEND provision, or EHCP compliance have been discussed;
d) Correspondence between the ICB and Northern Care Alliance NHS Foundation Trust regarding capacity issues, waiting times, statutory compliance, or concerns about therapy services for children with EHCPs in Oldham;
e) Any risk registers or issue logs that include entries relating to children’s therapy services, SEND provision, or EHCP compliance in Oldham.
5. Complaints, Concerns and Escalations Please provide:
a) The number of complaints received by the ICB over the past 3 years relating to children’s therapy services for children in Oldham with EHCPs or undergoing EHC needs assessments (broken down by therapy type where possible);
b) Any correspondence with Oldham Council or Oldham Local Authority regarding concerns about capacity, delays, refusals, or the ICB’s ability to meet its Section 42 duties in relation to therapy provision in EHCPs.
c) Any correspondence with NHS England, the Care Quality Commission, the Local Government and Social Care Ombudsman, or the Department for Education regarding children’s therapy services or SEND provision in Oldham;
d) Any legal advice sought or received regarding the ICB’s statutory duties in relation to therapy provision in EHCPs, or regarding potential legal challenges relating to SEND services in Oldham.
6. Policies, Guidance and Training Please provide:
a) Internal guidance, policies, or training materials provided to ICB commissioners regarding their statutory duties under the Children and Families Act 2014, particularly in relation to Section 42 (arranging health provision in EHCPs);
b) Any equality impact assessments conducted in relation to commissioning decisions affecting children’s therapy services or SEND provision in Oldham;
c) Any policies regarding prioritisation of children with EHCPs for therapy services, or regarding how competing demands are managed when capacity is insufficient.
If any part of this request is likely to exceed the appropriate cost limit under Section 12 of FOIA, I would be grateful if you could advise which parts may be prioritised or refined. I would prioritise sections 1, 2, 4 and 5 if necessary.
1a. Our current commissioning arrangements (under review) for OT, Physiotherapy and SaLT are through the Northern Care Alliance as part of the wider Community Services Contract.
NHS Greater Manchester (NHS GM) are unable to provide copies of full NHS contracts in response to this request. This is because the contract requested contains information that is commercially sensitive and confidential to both NHS GM and the provider concerned.
Section 43(2) of the Freedom of Information Act 2000 states:
“Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it)”.
Factors favouring disclosure.
There is an inherent public interest in ensuring that there is openness and transparency in the spending of public money. Transparency is likely to increase confidence in procurement processes and the purchasing decisions made by NHS GM. It also enables the public to understand whether NHS GM is getting value for money from its purchasing decisions.
Factors favouring non-disclosure.
However, we believe that disclosure of the contract could prejudice the current or future negotiating capabilities of NHS GM. This information includes, but is not limited to, detailed pricing mechanisms, activity assumptions, service delivery models, and operational schedules. Disclosure of this information would be likely to prejudice the commercial interests of the providers and the negotiating capabilities of NHS GM, particularly in relation to future commissioning, negotiation and value-for-money considerations.
Balancing Test.
After considering the arguments outlined above, we have decided to withhold this information.
While we recognise the importance of transparency in relation to NHS commissioning arrangements, this is met through the publication of the contract register and summary details rather than the disclosure of full contractual documents.
To support transparency, the following information is available on our contract register (which is available via the NHS GM publication scheme “lists and registers” on our website).
In line with section 16 of the FOI Act please find below a link to the register to assist you.
Terms and Conditions will be the NHS Standard Contract and that is available on line: NHS England » Shorter-form NHS Standard Contract 2025/26 (Particulars, Service Conditions, General Conditions)
You may wish to also contact Northern Care Alliance directly for further information. Therefore, in line with section 16 of the FOI Act 2000, and our duty to provide advice and assistance, please find below a link to the Trusts website and information about how to make a Freedom of Information request.
Northern Care Alliance NHS Foundation Trust – Freedom of Information Requests :: Northern Care Alliance
1b. We do not have specific commissioning strategies for Section 42 or healthcare provision specified in EHCPs. Our Commissioning Intentions as part of the CYP Forward Plan and our one-year locality plan cover aspects of the services that could be included within Section 42 and for delivery of SEND services to support EHCPs. Please see attached.
**A PDF document was sent to the requester with this response. If you require a copy of the full response, together with the attachments, please contact NHS GM’s FOI team – nhsgm.foi@nhs.net **
The names of individual staff members have been removed from the document under section 40 (2) of the Freedom of Information Act 2000 as it constitutes personal data where disclosure would be in breach of the Data Protection Act 2018.
As section 40 (2) is an absolute exemption there is no duty to consider disclosure in the public interest. They are set out in Part II of the Freedom of Information Act 2000
The NHS GM commissioning intentions for 26/27 relating to EHCPs and CYP, confirm our commitment to the delivery of the Joint Forward Delivery Plan for Children and Young People which can be found here: Joint Forward Delivery Plan for Children & Young People 2024
1c. The Service Specifications are not available because they are currently pending review and are currently considered working documents that have not been verified and approved therefore, cannot be shared at this time.
1d. The Section 75 agreement is between the Northern Care Alliance and Oldham Metropolitan Borough Council. For further information it will be necessary for you to contact the Council directly for the information you seek.
In line with section 16 of the FOI Act 2000, and our duty to provide advice and assistance; please find below a link to the Council’s website and information about how to make a Freedom of Information request.
Freedom of information | Freedom of information | Oldham Council
1e. Responsibilities for fulfilling s42 duties in relation to therapy provision are contained within the individual EHCPs. Individual EHCPs are considered to contain personal information in respect of individuals, and are therefore exempt from disclosure under section 40 of the Freedom of Information Act
1f. None exist.
2a. Some of the formal commissioning decisions are commercially sensitive including formal contract notifications and so would not be shared.
Section 43(2) of the Freedom of Information Act 2000 states:
“Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it)”.
Factors favouring disclosure.
There is an inherent public interest in ensuring that there is openness and transparency in the spending of public money. Transparency is likely to increase confidence in procurement processes and the purchasing decisions made by NHS GM. It also enables the public to understand whether NHS GM is getting value for money from its purchasing decisions.
Factors favouring non-disclosure.
However, we believe that disclosure of the contract could prejudice the current or future negotiating capabilities of NHS GM. This information includes, but is not limited to, detailed pricing mechanisms, activity assumptions, service delivery models, and operational schedules. Disclosure of this information would be likely to prejudice the commercial interests of the providers and the negotiating capabilities of NHS GM, particularly in relation to future commissioning, negotiation and value-for-money considerations.
Balancing Test.
After considering the arguments outlined above, we have decided to withhold this information.
You may wish to also contact Northern Care Alliance directly for further information. Therefore, in line with section 16 of the FOI Act 2000, and our duty to provide advice and assistance, please find below a link to the Trusts website and information about how to make a Freedom of Information request.
Northern Care Alliance NHS Foundation Trust – Freedom of Information Requests :: Northern Care Alliance
Where information is not commercially sensitive, please see the attached.
**A PDF document was sent to the requester with this response. If you require a copy of the full response, together with the attachments, please contact NHS GM’s FOI team – nhsgm.foi@nhs.net **
The names of individual staff members have been removed from the document under section 40 (2) of the Freedom of Information Act 2000 as it constitutes personal data where disclosure would be in breach of the Data Protection Act 2018.
As section 40 (2) is an absolute exemption there is no duty to consider disclosure in the public interest. They are set out in Part II of the Freedom of Information Act 2000
2b. **A PDF document was sent to the requester with this response. If you require a copy of the full response, together with the attachments, please contact NHS GM’s FOI team – nhsgm.foi@nhs.net **
2c. See slide 8 of the SEND dashboard which is discussed on a monthly basis.
**A PDF document was sent to the requester with this response. If you require a copy of the full response, together with the attachments, please contact NHS GM’s FOI team – nhsgm.foi@nhs.net **
2d. **A PDF document was sent to the requester with this response. If you require a copy of the full response, together with the attachments, please contact NHS GM’s FOI team – nhsgm.foi@nhs.net **
Other business cases and investment reports are commercially sensitive and would not be shared. Section 43(2) of the Freedom of Information Act 2000 states:
“Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it)”.
Factors favouring disclosure.
There is an inherent public interest in ensuring that there is openness and transparency in the spending of public money. Transparency is likely to increase confidence in procurement processes and the purchasing decisions made by NHS GM. It also enables the public to understand whether NHS GM is getting value for money from its purchasing decisions.
Factors favouring non-disclosure.
However, we believe that disclosure of the contract could prejudice the current or future negotiating capabilities of NHS GM. This information includes, but is not limited to, detailed pricing mechanisms, activity assumptions, service delivery models, and operational schedules. Disclosure of this information would be likely to prejudice the commercial interests of the providers and the negotiating capabilities of NHS GM, particularly in relation to future commissioning, negotiation and value-for-money considerations.
Balancing Test.
After considering the arguments outlined above, we have decided to withhold this information.
While we recognise the importance of transparency in relation to NHS commissioning arrangements, this is met through the publication of the contract register and summary details rather than the disclosure of full contractual documents.
You may wish to also contact Northern Care Alliance directly for further information. Therefore, in line with section 16 of the FOI Act 2000, and our duty to provide advice and assistance, please find below a link to the Trusts website and information about how to make a Freedom of Information request.
Northern Care Alliance NHS Foundation Trust – Freedom of Information Requests :: Northern Care Alliance
2e. NHS GM does not hold the information requested. Therefore, you may wish to also contact Northern Care Alliance directly for further information you seek. In line with section 16 of the FOI Act 2000, and our duty to provide advice and assistance, please find below a link to the Trusts website and information about how to make a Freedom of Information request.
Northern Care Alliance NHS Foundation Trust – Freedom of Information Requests :: Northern Care Alliance
3a. NHS GM is the NHS commissioning organisation for the 10 boroughs of Greater Manchester. Contracts with NHS Providers (such as the Northern Care Alliance NHS Foundation Trust and Pennine Care NHS Foundation Trust) are managed once across GM, and the nature of these block contracts mean it is not possible to separately identify the cost of individual services within individual localities/boroughs of GM. As such, it is not possible to provide a specific budget for children’s Occupational Therapy, Physiotherapy and Speech and Language Therapy for Oldham patients. The individual Foundation Trust providers may hold data to support this request. If this is required, please resubmit your request for this information to the NCA FT or PCFT
In line with section 16 of the FOI Act 2000, and our duty to provide advice and assistance; please find below a link to the Trusts websites and information about how to make a Freedom of Information request.
Northern Care Alliance NHS Foundation Trust – Freedom of Information Requests :: Northern Care Alliance
Pennine Care NHS Foundation Trust – Freedom of Information :: Pennine Care NHS Foundation Trust
3b. NHS GM does not hold this information therefore it will be necessary for you to contact Oldham Borough Council for the information you seek. Please refer to the response to question 1d for contact information.
3c. Please refer to the response to question 3b.
4a. NHS GM does not hold the information requested. Therefore, it will be necessary for you to contact Northern Care Alliance NHS Foundation Trust (the provider organisation) for the information you seek.
In line with section 16 of the FOI Act 2000, and our duty to provide advice and assistance; please find below a link to the Trusts website and information about how to make a Freedom of Information request.
Freedom of Information Requests :: Northern Care Alliance
4b. Please see embedded quality assurance of Therapies advice for 2025.
Oldham locality are currently leading in the co-production of a SEND Quality Assurance and Improvement Framework which is proposed for implementation in 2026. This framework will include development of service audits, compliance and quality assurance processes in compliance with the SEND Code of Practice (2015) and Children & Families Act 2014 for all services contributing to the SEND Graduated Response – including Therapies
**An excel document was sent to the requester with this response. If you require a copy of the full response, together with the attachments, please contact NHS GM’s FOI team – nhsgm.foi@nhs.net **
4c. All formal SEND meetings are facilitated by the Local Authority (as we work in Partnership) therefore all minutes and reports will be held by them. We have a newly established SEND Health Group that met in December, but minutes are not yet available.
4d. The formal correspondence is commercially sensitive and would not be shared.
Section 43(2) of the Freedom of Information Act 2000 states:
“Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it)”.
Factors favouring disclosure.
There is an inherent public interest in ensuring that there is openness and transparency in the spending of public money. Transparency is likely to increase confidence in procurement processes and the purchasing decisions made by NHS GM. It also enables the public to understand whether NHS GM is getting value for money from its purchasing decisions.
Factors favouring non-disclosure.
However, we believe that disclosure of the contract could prejudice the current or future negotiating capabilities of NHS GM. This information includes, but is not limited to, detailed pricing mechanisms, activity assumptions, service delivery models, and operational schedules. Disclosure of this information would be likely to prejudice the commercial interests of the providers and the negotiating capabilities of NHS GM, particularly in relation to future commissioning, negotiation and value-for-money considerations.
Balancing Test.
After considering the arguments outlined above, we have decided to withhold this information.
While we recognise the importance of transparency in relation to NHS commissioning arrangements, this is met through the publication of the contract register and summary details rather than the disclosure of full contractual documents.
You may wish to also contact Oldham Borough Council directly who may be able to provide you with further information. In line with section 16 of the FOI Act 2000, and our duty to provide advice and assistance; please find below a link to the Council’s website and information about how to make a Freedom of Information request.
Freedom of information | Freedom of information | Oldham Council
4e. Oldham Borough Council hold risk registers for both the SEND Local Inclusion Partnership and the Children’s Joint Commissioning Group.
In line with section 16 of the FOI Act 2000, and our duty to provide advice and assistance; please find below a link to the Council’s website and information about how to make a Freedom of Information request.
Freedom of information | Freedom of information | Oldham Council
We do, however, hold operational risk registers which include risks for SALT, Sleep and Special School Nursing.
5a. We are currently unable to access legacy data over 2 years. Having searched the description field of our records using the terms “EHCP” and “ECP” no records have been identified. Therefore, it would be necessary to undertake a manual search of Oldham records for the 3-year period to determine if any complaints relating to “EHCP” and “ECP” are held.
The cost of complying with your request would exceed the limit set by the Freedom of Information Act, and therefore, on this occasion it is with regret NHS GM are not able to process this section of your request further.
Under the Freedom of Information Act 2000 (FOIA), this section of your request is exempt by virtue of the following exemption, Section 12(1). Section 12. — (1) Section 12(1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit.
The Freedom of Information Act allows Public Authorities to decline to answer FOI requests when we estimate it would cost us more than £450 (equivalent to 18 hours, calculated at £25 per hour) to identify, locate, extract, and then provide the information that has been asked for.
There are currently over 150 records held for the Oldham locality. It is estimated it would take approximately 10 minutes to search each file manually for the information you seek.
150 x 10 minutes (to search alone) = 25 hours.
On this basis, the Section 12 has been applied, because to search would exceed the appropriate limit prescribed in the act.
Although we cannot answer your request, we might be able to answer a refined request within the cost limit. Therefore, you may wish to consider reducing the time period of the request, and the topic of search such as “Children’s Therapy Services” although this may include children who do not have EHCPs or undergoing EHC needs assessments. Please be aware that we cannot guarantee at this stage that a refined request will fall within the cost limit, but NHS GM would do our upmost to assist you.
Alternatively, you may wish to contact Oldham Borough Council, who are responsible for the EHCPs for Children and Young people and who may be able to provide you with the information you seek. In line with section 16 of the FOI Act 2000, please find below a link to the council’s website and information about how to make a Freedom of Information request to assist you.
Freedom of information | Freedom of information | Oldham Council
5b. The cost of complying with your request would exceed the limit set by the Freedom of Information Act, and therefore, on this occasion it is with regret NHS GM are not able to process this section of your request further.
Under the Freedom of Information Act 2000 (FOIA), this section of your request is exempt by virtue of the following exemption, Section 12(1). Section 12. — (1) Section 12(1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit.
The Freedom of Information Act allows Public Authorities to decline to answer FOI requests when we estimate it would cost us more than £450 (equivalent to 18 hours, calculated at £25 per hour) to identify, locate, extract, and then provide the information that has been asked for.
There are currently four members of staff working on SEND business (which includes therapies) as a significant part of their roles with emails sent almost on a daily basis as work has been ongoing over the last 3 years to make improvements.
To search for each staff members email account for the key words below would be required, to ensure a thorough search is completed.
Which equates to 6 key word searches of email accounts – including inboxes, sent items, saved items and deleted items.
To ensure the task is completed in full, it would be necessary to search 4 email account folders (inbox, sent, saved, and deleted), locate the appropriate correspondence (assuming not all of the information located under each key word would be within scope of the request), and extract the correspondence. Then repeat this process for documents saved on files.
The team have estimated this would take approximately a total of 37.5hours across the team to obtain all the information requested. On this basis, the Section 12 has been applied, because this would exceed the appropriate limit prescribed in the act.
Although we cannot answer your request, we might be able to answer a refined request within the cost limit. Therefore, you may wish to consider reducing the time period of the request, reducing the form of correspondence, and being more specific about the search criteria you would like to be applied. Please be aware that we cannot guarantee at this stage that a refined request will fall within the cost limit, but NHS GM would do our upmost to assist you.
Alternatively, you may wish to contact Oldham Borough Council, who are responsible for the EHCPs for Children and Young people and who may be able to provide you with the information you seek. In line with section 16 of the FOI Act 2000, and our duty to provide advice and assistance; please find below a link to the Council’s website and information about how to make a Freedom of Information request.
Freedom of information | Freedom of information | Oldham Council
5c. Outcome letters from the CQC/Ofsted SEND re-visit in 2019 and from the Inspection in 2023 are available.
https://committees.oldham.gov.uk/documents/s111668/SEND%20Appendix.pdf
https://files.ofsted.gov.uk/v1/file/50226808
The outcome letter from the SEND re-visit in 2025 has not yet been published. The inspection outcome letter will be published on Oldham Borough Councils website, as well as Ofsted & Care Quality Commission (CQC).
Education (SEND) | Oldham Council
5d. NHS GM members of staff working on SEND business are not aware of any legal advice sought or received regarding the ICB’s statutory duties in relation to therapy provision in EHCPs, or regarding potential legal challenges relating to SEND services in Oldham.
6a.GM SEND Workforce Framework has been developed for roll-out across all localities in GM
**A PDF document was sent to the requester with this response. If you require a copy of the full response, together with the attachments, please contact NHS GM’s FOI team – nhsgm.foi@nhs.net **
6b. None Exist
6c. None Exist. All NHS care is provided based on clinical need and not prioritised due to an Education, Health and Care Plan.
**PDF documents and an excel sheet were sent to the requester with this response. If you require a copy of the full response, together with the attachments, please contact NHS GM’s FOI team – nhsgm.foi@nhs.net **
