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 QC, Leon Glenister
04 Nov 2022
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 04 Nov 2022
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No
Complex
No. CFA2014 s24 applies to the maintenance of an EHCP, and securing provision in it. The financial responsibility is determined by where the child “belongs”, as set out in the Education (Areas to which Pupils and Students Belong) Regulations 1996. The general rule is that financial responsibility is determined by ordinary residence, but specifically defined as “the address where that person is habitually and normally resident apart from temporary or occasional absences, except that no school pupil shall be treated as being ordinarily resident in the area of an education authority by reason only of his residing as a boarder at a school which is situated in the area of that authority” (r2(2) and r3). The general principle is subject to specific rules which apply in specific circumstances in r5 - r10.
Where an LA has paid for provision for a CYP where they ‘belong’ to another LA, it can seek recoupment pursuant to the Inter-authority Recoupment (England) Regulations 2013.
Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
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