Q:

Hi there, my LA wants to put direct payments for my son's SEP, health and social care in section J of his EHC plan. When I looked into it, section J ...

Hi there, my LA wants to put direct payments for my son's SEP, health and social care in section J of his EHC plan. When I looked into it, section J is only for SEN and outcomes which relate to SEP direct payments. Should the other direct payments be included here?

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A: SenseCheck

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  • 01 Feb 2023
  • Yes

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    The form of an EHC plan is determined by reg. 12 The Special Educational Needs and Disability Regulations 2014:

    https://www.legislation.gov.uk/uksi/2014/1530/regulation/12/made

    Reg 12(1)(j) makes it clear that:

    where any special educational provision is to be secured by a direct payment, the special educational needs and outcomes to be met by the direct payment (section J

     

    Sean Kennedy

    Sean Kennedy
    Talem Law