Q:
Can LA and college make secret deals about funding post 18 education?
My son is 20 and making great progress at college, EHCP outcomes still to be acheived, he enjoys going to college, college enjoy him and the transport is fine, so I thought everything could stay the same for another year.
However, Herts cc and Bucks college tell me they have made a deal over only funding one year of education.
I thought education was based on progress and basing it on funding was unlawful.
Am I right?
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 02 Apr 2023
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Yes
Simple
Funding - specifically the cost of a placement - as I am sure you know, is an issue in education. This is covered in the Noddy Guide here and elsewhere:
09.135 Are the resources taken into account in s39(4) only those of the LA?
As for the 'secret deal' - it is not obvious, to me at least, why this is relevant to your son staying at the College. The following from the Noddy Guide may provide broad assistance:
04.02 Does the LA have a duty to make provision under an EHCP for a young person up to the age of 25 even where they may not obtain further qualifications?
Furthermore, and hypothetically, if there was place for your son at the post 16 provision and this reason was put before the FTT by a local authority, on its own, to justify not placing him there I cant see how it would be persuasive.
If you are inclined to find out more about the 'secret deal' the Freedom of information Act 2000 may assist you:
https://ico.org.uk/for-organisations/guide-to-freedom-of-information/what-is-the-foi-act/
I certainly look forward to reading other contributions.
Sean Kennedy
Talem Law
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