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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 to SEN law Overview of SEN education
Noddy No-nonsense Guide

Noddy No-nonsense Guide
Authors: David Wolfe KC, Leon Glenister
24 Feb 2025

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  • 24 Feb 2025

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    Probably not. The Department for Education’s High Needs Funding Guidance states “it is our 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. 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, meaning the child or young person will remain resident at their family home). 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. Further, adopting the test in Hampshire CC v GC [2026] EWCA Civ 20 (AAC) #72, the question is one of ordinary residence not physical presence which supports that conclusion. 

    [updated 01/03/26]

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