We have just had our annual review and LA have granted EOTAS with Personal Budget in section J, They have included provision in Section F but no funding for it. What do I do?
Can I make them supply the provision on the plan where there is no funding attached to it?
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 12 Jun 2026
-
Other
|
Simple
Too fact specific, I can't generalise.:
Ms Roots
Based on the facts given, and as a general observation, the legal basis is section 42(2) of the Children and Families Act 2014: “The local authority must secure the specified special educational provision for the child or young person.” Section 42(5) provides that: “Subsections (2) and (3) do not apply if the child’s parent or the young person has made suitable alternative arrangements.” Where provision is specified in Section F, the absence of a separate funding figure in Section J does not, by itself, remove the local authority’s responsibility under section 42(2). If provision is intended to be secured through a personal budget or direct payment, Section J must make clear what that arrangement covers. You may wish to ask the LA, in writing, to confirm how and when each item of Section F provision will be secured and, if it says any part is covered by the personal budget, to identify the amount and what provision it is intended to fund. I hope this is helpful, and I look forward to reading any other contributions.
12 Jun 2026
|
Comment