Facts
The appellant suffers from an early childhood psychoorganic syndrome (POS) and received the necessary medical measures for treatment, including psychomotor therapy for two years, from the Disability Insurance. The appellant's parents had the psychomotor therapy carried out by Ms. P., who, however, did not possess a cantonal professional practice permit. Therefore, the Compensation Fund of the Canton of Solothurn refused to cover the costs for this therapy.
Considerations
The Federal Supreme Court first had to clarify whether the psychomotor therapy should be classified as a medical or educational-therapeutic measure. It concluded that the therapy in this case predominantly exhibits educational-therapeutic elements and is therefore to be qualified as an educational-therapeutic measure within the framework of special education.
However, for educational-therapeutic measures within the framework of special education, there is no federal legal requirement for the service provider to be licensed. However, cantonal law may provide for a professional practice permit. In the Canton of Solothurn, the practice of…