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• 14 Feb 2022

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  No. See CFA2014 s42: Where an EHCP is maintained, the “local authority must secure the specified special educational provision for the child or young person” (i.e. LA and not the school). 

  See also COP2015 #9.131-132 “When an EHC plan is maintained for a child or young person the local authority must secure the special educational provision specified in the plan. If an LA names an private school or private college in the plan as special educational provision it must also meet the costs of the fees, including any boarding and lodging where relevant.”

  Section F can make reference to the arrangements for funding the provision (such as the share of costs between school and LA or health and LA in a joint-funded placement): R v Cumbria CC ex parte P [1995] ELR 337. 

  But, whatever the effect of such arrangements on the relationship between the LA and the school, they have no legal effect in terms of the CYP’s entitlement. The LA remains ultimately responsible for making the provision if the school (or other party) fails to do so: R v Oxfordshire ex p C [1996] ELR 153; R v Hillingdon ex p Queensmead School [1997] ELR 331.

  Go to Glossary

  

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

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