Q:
02.17 If an LA is responsible for maintaining and securing provision in an EHC Plan, are they automatically responsible for funding the provision?
Noddy No-nonsense Guide
Authors: David Wolfe KC, Leon Glenister
04 Nov 2022
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 24 Feb 2025
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No
Complex
No. CFA2014 s24 applies to the maintenance of an EHCP, and securing provision in it. An LA may be able to recoup costs in particular circumstances.
EA1996 s579(4) provides that regulations may make provision for where a person belongs, and those regulations are the Education (Areas to which Pupils and Students Belong) Regulations 1996. Those work alongside the provisions for recoupment between LAs as set out in the Inter-authority Recoupment (England) Regulations 2013. The operation of these provisions are complex, and the detail is beyond the scope of the Noddy Guide, however in summary the only situation where recoupment is possible is in respect of looked after children.
Noddy No-nonsense Guide
Authors: David Wolfe KC, Leon Glenister
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