My daughter has a draft EHCP. She has been learning online since January 2023 and we want her to continue and for it to be paid out of a personal budget. What do we need to have in Section F and I ? Is there any precedence for this?

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A: SenseCheck

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  • 28 Oct 2023
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    Too fact specific, I can't generalise.:

    Ms Lee-Foster,

    Your query lacks clarity regarding whether you would like your daughter to attend school. Furthermore, your daughter's age is unspecified.

    I will presume she falls within compulsory school age, and you intend for her to receive all her education outside of a school setting.

    Conditional on you daughter being given an Educational Health and Care plan (EHCp), and given the above preference, it is imperative that the Local Authority (LA) agrees to arrange for her special educational provision (SEP) to be made otherwise than at  a school, which is also known as EOTAS.

    The "Noddy Guide" offers invaluable insights into the above here:

    09.330 Can the LA provide SEP outside of a school or educational institution?

    09.332 Can only some SEP in Section F be made otherwise than in a school or educational institution?

    09.333 In order to determine whether it would be inappropriate, do you just ask whether the provision “can” be made in a school or education institution?

    09.334 Is it enough to show it is inappropriate for SEP to be made in the LA’s preferred school or educational institution?

     09.335 Should there be reference to EOTAS in Section F?

    09.336 Should there be reference to EOTAS in Section I?

    In summary, the LA, or the First-tier Tribunal (FtT) acting in their place, must agree that it is necessary to arrange for SEP outside of a school because it is inappropriate for this provision to be provided in a school.

    Section F should contain all the SEP necessary to meet your daughters identified special educational needs in Section B. In your daughters case it is likely that would be section F where the online learning curriculum you would like her to follow should be placed. Given the assumption that she will not be attending a school, Section I should not mention EOTAS as an alternative.

    You can request (but not insist upon) direct payments, enabling you to pay the online provider directly. This can be initiated even if your daughter's EHCP is still in draft form. Refer to:

    r4 The Special Educational Needs (Personal Budgets) Regulations 2014

    The above approach applies even if your daughter exceeds compulsory school age.

    I hope this information is helpful.

    Sean Kennedy

    Sean Kennedy
    Talem Law