Q:
Do services funded by a personal budget need to be from an LA approved providers?
Hello,
I hope that you may be able to help; I have a query about personal budgets.
We currently have a PB for my son's independent OT. This service is delivered at my son's school by an outreach service run by a specialist school. He's had the same therapist for around 18 months.
This was approved by the LA, to be paid business-to-business during his EHCP AR process and I have panel decision documentation which supported the use of this specific outreach service, as my son has an established relationship with them and no other OT service could do the in-school visits.
We're currently in tribunal with the LA (section B and F) and now two months before our hearing date the LA have told me that the OT provider is not on their list of approved providers and that they want me to consent to my son being reassessed so that they can move him to an alternative service.
I think that the LA are trying to pressurise me into having LA assessments (as we've currently got independent reports). I'm aware that they can write to SENDIST and request access and that personal budgets are also outside the remit of the FTT.
The specialist school that provide the OT service do educate children from my son's LA, so I find it hard to believe that they are not an approved service. I am digging into this!
I've read the regulations around PBs and I can't see that there is actual a requirement for the provider to be on an LAs approved list? Is this correct?
Sorry, that was a bit long winded.
Thanks so much, Verity
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 28 Jan 2025
-
No
Simple
No, services funded by a personal budget for a child with an Education, Health and Care Plan (EHCP) in England do not necessarily need to be sourced from local authority (LA) approved providers.
Understanding Personal Budgets and Direct Payments
- Personal Budget: This is an estimated amount of money allocated to cover the cost of the special educational provision specified in a child's EHCP. It's a notional sum, meaning it's available in theory and not a direct cash payment.
- Direct Payment: This refers to actual funds provided to parents or young people, enabling them to arrange and manage the specified provision themselves.
Legislation
The Special Educational Needs (Personal Budgets) Regulations 2014 sets out the framework for personal budgets and direct payments. According to these regulations, direct payments can be made to parents or young people to secure the special educational provision specified in the EHCP. The regulations do not mandate that services must be sourced from LA-approved providers.
Considerations for Direct Payments
While there's flexibility in choosing providers, certain conditions apply:
- Capability: The LA must be satisfied that the recipient can manage the direct payment appropriately.
- Use of Funds: The funds must be used to secure the agreed-upon provision in the EHCP.
- Impact on Services: The direct payment should not adversely affect other services provided by the LA or lead to inefficient use of resources.
Additionally, if the provision is to be delivered within a school or college setting, the consent of the headteacher or principal is required albeit this should not be unreasonably refused.
Conclusion
In summary, when managing a personal budget through direct payments, parents and young people have the flexibility to choose providers beyond those approved by the LA, provided the chosen services can meet the requirements in the EHCP and adhere to the conditions set out in the relevant regulations and requirements such as valid DBS checks etc.
Possible next steps
To address situations where a local authority's actions may be perceived as unreasonable, one could consider the following approaches:
- Informal Resolution: Initiate a dialogue with the local authority to discuss the concerns. This can often lead to a mutual understanding and an amicable solution.
- Formal Complaints Procedure: If informal discussions do not yield satisfactory results, utilise the local authority's official complaints process. This provides a structured method to address grievances.
- Legal Consultation: Seek advice from a public law specialist regarding the possibility of a judicial review. This legal process allows for the examination of the lawfulness of a public body's decision or action.
When engaging with a local authority, it is pertinent to inquire about the specific legal authority underpinning their actions. Understanding the legal basis can provide clarity and inform subsequent steps.
For further guidance on handling complaints and understanding the procedures involved, resources such as the Local Government and Social Care Ombudsman offer detailed information.
I trust this is helpful and I look forward to reading other answers.
Sean Kennedy.
Sean Kennedy
Talem Law
|
Comment