How do I get a personal budget or a direct payment? Expand It is possible to get a personal budget and/or a direct payment for educational provision for a child or young person who has an EHC plan. For more information, see our page on personal budgets and direct payments.
What support should the LA give me if my child is out of school for any reason? Expand Section 19 of the Education Act 1996 places a duty on LAs to make suitable alternative education for children of compulsory school age who cannot attend school because of illness, exclusion or for any other reason. You can ask your LA to put this in place, using template letter 22 on our template letters page. If your child is permanently excluded, the LA must provide suitable, alternative full-time education from day 6 of the exclusion. For more information see our pages on exclusions and getting temporary education put in place. If your child is out of school because they do not have a school place, then your LA must provide alternative education immediately. If your child is unable to attend school for another reason, such as the placement breaking down the section 19 duty will arise. This has been confirmed by case law. For example, if your child feels unable to attend school despite you working hard with professionals to get them back into school, and they are not reasonably able to attend, then the LA’s duty to provide suitable alternative education arises. In situations like this, it is important to show that you have made every effort to work with the school and LA, to make school attendance possible and/or easier for your child.
What support should the LA provide if I am home educating my child? Expand Under Section 7 of the Education Act 1996, you have the right to educate your child at home. This is known as elective home education. The Special Educational Needs and Disability Code of Practice says LAs should fund the SEN needs of home-educated children where it is appropriate to do so. However, there is no legal duty on LAs to fund any element of your child’s education if you choose to home educate them. You should consider this carefully before withdrawing your child from school. If your child has an EHC plan, you need to be aware of the implications withdrawing your child from school has too. Generally, your LA has a duty to secure everything that is set out in Section F of your child’s EHC plan. However, if you choose to home educate then this can change. This is because your LA can then decide that you have made suitable alternative arrangements and as a result, this important duty will no longer apply. However, elective home education is different from children being educated ‘otherwise’ than in an education setting (for example, children who receive the majority of their education at home, but that education is provided by the LA or another provider). For more information about this see our section about choosing a school or other setting.
Is it true that LAs have no responsibility towards children who are unable to attend school because of medical needs? Expand No – this is a common myth. LAs have a legal duty to make arrangements for the provision of suitable education for children who are unable to attend school because of their medical needs. This is set out in section 19 of the Education Act 1996. In addition, LAs must not refuse or reduce such provision on the basis of how much it will cost. For more information, please see our pages on illness and getting temporary education put in place.
Do the LA need to involve me in its decisions? Expand Yes. The views, wishes and feelings of children, young people and their parents, and their participation, must be central to every decision the LA makes regarding assessing a child or young person’s SEN and how to support them. If your LA does not involve you, any subsequent decision could be viewed as invalid and could be challenged on appeal. It is not good enough to offer a ‘token’ involvement. Case law has made clear that decisions taken in breach of procedural legal requirements, including consultation, are liable to be held invalid and set aside by the SEND Tribunal on appeal.