Q:
02.154 Where a CYP resides at a 52 week placement, does the LA in which the placement is located become responsible?
Noddy No-nonsense Guide
Authors: David Wolfe KC, Leon Glenister
24 Feb 2025
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 24 Feb 2025
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No
Complex
Not at least according to Government policy. The Department for Education’s High Needs Funding Guidance states “it is the department’s view that the child or young person continues to be considered as living in the local authority area that placed them in the residential provision (since a residential school or college placement, even for 52 weeks of the year, is educational provision and not a place where a child or young person lives. That is, the child or young person will remain resident at their family home), and, therefore, they would continue to have the duty to maintain any EHC plan.”
In the experience of Noddy, that guidance is generally applied by LAs. However there is a question as to how consistent it is with the straightforward terms of CFA2014 s24 referring to in whose area a CYP is in. Where a child resides at a placement on a 52 week basis, on an ordinary use of the words, they are in the area of that placement.
Noddy No-nonsense Guide
Authors: David Wolfe KC, Leon Glenister
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