Q:

08.20 If an LA delegates all its SEN funding to schools, does it still have to specify and quantify SEP in section F of an EHCP?

Noddy 'no-nonsense' Guide

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

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A: SenseCheck

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  • 14 Feb 2022
  • Yes

    Simple

    Yes. The fact that the LA has a policy of delegating “all” SEN funds to schools independently of the EHCP regime is not an answer to an appeal against a refusal to assess or make an EHCP. Funding follows an EHCP not the other way round. The FTT is not bound by an LA policy which tries to have that effect.

    More: Does section F have to specify things like how much provision a child or young person requires, and how often?

    Noddy 'no-nonsense' Guide

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