Q:
Is it correct that SEMH provision written into a post 16 EHCP, funding to meet this provision is applied for after the college is named in section I ...
Is it correct that SEMH provision written into a post 16 EHCP, funding to meet this provision is applied for after the college is named in section I ?
So college is named, SEMH needs cannot be met within college, external services required, so post 16 high needs funding needs to be applied for later in summer term ?
I cannot see how this can be lawful ? I’m being told this by college and LA. I don’t believe them.
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 04 May 2022
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Other
Complex
Can't answer yes or no.:
If the SEMH provision was set out in the EHC plan from the outset of the placement, then funding and the delivery of the required provision/service should have been arranged by the LA from the start. I would have assumed that the information as to whether the college could deliver the SEMH provision from their own resources or not would have been identified during the consultation process when allocating college placement. So, if the provision in the plan has not been delivered and continues not to be, then legal action could be considered by way of judicial review, however as steps are being taken to rectify the position, this action may be somewhat redundant depending on how long it will be before the SEMH provision is in place. The threat of legal action may speed matters up.
Guv Samra
Shoosmiths
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1 Comment