Is there a law which prohibits a parent from being the paid key adult under EOTAS?

The child is suffering school trauma and will not engage with any adult in educational activities without the mother being present


Le-Ann Walker
26 Jul 2023

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A: SenseCheck

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  • 27 Jul 2023
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    Can't answer yes or no.:

    The key point to address in your question is that the parent is being paid. In response, I want to clarify that my answer is conditional, leaning towards the possibility of such a scenario. Let me explain my reasoning on this matter.

    According to the Noddy Guide, the Local Authority (LA) is responsible for securing the provisions outlined in section F of an Education, Health, and Care plan (EHCp).

    08.22 Is the duty on the LA to secure the provision in Section F absolute?

    As a result, any contractual arrangement involving the "paid key adult" component of Education Other Than at School (EOTAS) would be with the local authority. Hence, the local authority has the discretion to determine the party with whom they enter into such a contractual relationship. In this context, they may consider a parent as the "paid key adult," provided that the individual possesses the qualifications and experience specified in section F of the child or young person's EHCp.

    Additionally, it's important to note that direct payments could slightly alter the dynamics of the above arrangement. However, the provision of direct payments is discretionary and subject to the judgment of a local authority.

    I want to clarify that I have not discussed the matter of reasonableness concerning the Local Authority's decision-making process.

    I hope this explanation is helpful, and I welcome further contributions from others on this topic who may have more direct experience of this topic.

    Sean Kennedy

    Sean Kennedy
    Talem Law