Well, if it's in your approved FTL scheme, and it's there in CAP 371 then they have to count it - no excuses there to hide behind. You can also request your duty hours from them to check what's been entered. If not entered, you could always have a chat with them to ask for clarification, failing that you could ask your FOI for "advice" as to how they are able to circumvent the legal requirements......granted, this could be a career limiting option mind !.