Q:

02.14 Can the LA end up being responsible for funding an education placement under a social services ‘care plan’?

Noddy 'no-nonsense' Guide

Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
14 Feb 2022

A: SenseCheck

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  • 14 Feb 2022
  • Yes

    Simple

    Yes. An LA can be responsible for funding an educational placement under an Adult Social Care (ASC) Plan pursuant to the Care Act 2014: CP v NE Lincolnshire [2019] EWCA Civ 1614. In that case, CP had an EHCP which lapsed when she was 19, but the LA nonetheless put in place an ASC Plan pursuant to the Care Act 2014 which needed to promote her “well-being” which, by section 1(2)(e) of that Act included her “participation in work, education, training or recreation”. Her ASC plan explained her need to attend a particular educational placement. The LA provided a personal social care budget which did not include the cost of the placement. The Court of Appeal held that this was unlawful, and the LA can be responsible for funding educational placements through ASC plans. The High Court had adjourned the judicial review whilst an appeal was pending. The Court of Appeal held there was no reason why placement in the ASC plan could not be considered by the Court whilst the FTT proceedings were ongoing. The LA was ordered to compensate CP for her accrued right to the cost of her attendance at the placement during the intervening period. 

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    Noddy 'no-nonsense' Guide

    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister