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• 14 Feb 2022

• Yes

  Complex

  Yes. By CFA2014 s21(5) HCP which ‘educates or trains’ is deemed to be educational and so falls within section F of an EHCP. More: Can health or social care provision also be educational provision?

  But in other instances, the health care provision is not part of the FTT’s jurisdiction (other than in cases which are part of the NationalTrial).

  The fact that a placement cost includes both SEP and HCP elements does not mean that the FTT can take decisions about the HCP, and the LA is not obliged to (indeed cannot) secure/fund other HCP, even if that HCP is “essential for [the child] to be educated”. That part of the funding should come from the CCG: East Sussex CC v KS (SEN) [2017] UKUT 273 (AAC) #64-66. The Noddy Guide finds it surprising that the LA (with its wide powers outside the education statutes) was held to have no legal power to provide health services, even if it has no duty to do so. Consider the cases on EA1996 s9 which have held “public expenditure” concerns the public purse generally. Those decisions were premised on the fact that the FTT can order – as educational – a school placement which also provides social care (with the LA having to pay for it all). And there is nothing in principle different with health provision. In neither case does the FTT have power to determine the SCP or HCP, but what it can do is order a placement at which the LA will have to pay all the costs (particularly, but perhaps not necessarily, where that is all wrapped up as a single fee).

  Go to Glossary

  

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

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