Can the LA change the funding without informing me?
There is a note on my child EHCP about the funding band that the school receives. After the last annual review, it was increased to M5.
But when the plan was reissued to include the secondary school they will attend in September, the funding code is back down to M4.
Nobody mentioned this to us, and we don't know what the secondary school has seen in terms of budget available to support her.
We have asked the coordinator if it was an error and they have been investigating for 5 weeks now.
It would be useful to know where we stand - is the LA allowed to reduce the funding without the plan changing otherwise?
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 21 Mar 2026
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Yes
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Simple
Yes - BUT.
Ms Laurent,
A local authority may refer to or amend a funding band, but it cannot use banding to override, limit or replace the provision set out in Section F of the EHCP. If the EHCP has not otherwise changed, a reduction in banding does not alter the local authority’s duty to secure the provision set out in Section F.
The key question, then, is whether there has been any change to the provision set out clearly in Section F of the EHCP.
If there has been no change to Section F, which on the information you have provided appears to be the case, then the reduction in the funding band does not change the local authority’s duty. The authority must still secure all of the special educational provision set out in Section F. Put simply, what matters is what Section F requires, not what funding band appears on the plan.
If the local authority intended to change the provision in the EHCP, that should usually be done through the formal amendment process. A change in banding cannot lawfully override, limit or replace the provision set out in Section F.
If, however, the provision in Section F has been changed, the local authority may say that the new banding reflects its view of the cost of delivering the amended provision. In that situation, the real issue is whether the changes to Section F are lawful, accurate and sufficient to meet your child’s needs. The banding may then simply reflect the change in provision. If there is a dispute about those changes, and it cannot be resolved directly with the local authority, it may be necessary to consider an appeal to the SEND Tribunal.
If no material changes have been made to Section F, the matter is still a legitimate cause for concern, because a lower funding band may create uncertainty in practice, particularly if the secondary school has been given the wrong impression about the support that will be available from September. I understand that this issue has been raised with the local authority and that the matter has been under investigation for five weeks.
In the first instance, it would be sensible to seek clarification from the local authority in writing, in polite but clear terms, as to whether the change from M5 to M4 was intentional, whether it reflects any amendment to Section F, and what information, if any, has been given to the secondary school about the provision to be delivered from September. It is generally better to keep that communication in writing so that there is a clear record, which may assist if the matter later becomes disputed.
You may also find it helpful to look at the Noddy Guide, which is available to download from the Support SEND Kids site. The sections most likely to assist on this issue are 08.19, 08.20, 04.035 and 04.036, with sections 08.18 and 08.21 also likely to be of assistance.
I hope this provides some useful guidance.
Sean Kennedy
21 Mar 2026
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Comment