CLICK TO DOWNLOAD: Asking the LA to prepare a personal budget and make a direct payment (template letter 11)

 

This template letter is for general advice purposes and will need to be tailored to your own individual circumstances. Please read all the information on this page and, if possible, we recommend you take advice on using this letter. 

When can I request a personal budget and direct payment?

You can request a personal budget if your child or young person’s EHC plan:

• is currently being drafted
• is under review, or
• their education, health and care (EHC) needs are being reassessed.

Your right to make this request is set out in Regulation 4 of The Special Education Needs (Personal Budget) Regulations 2014.

As set out in section 49(1) of the Children and Families Act 2014, your LA must prepare a personal budget if it is asked to do so (subject to limited exceptions). Information on personal budgets should be provided by your LA in its local offer.

If you would also like your LA to consider making a direct payment, to enable you to arrange and pay for services yourself, you can ask for this at the same time as requesting a personal budget. You do not have to ask for a direct payment if you do not want one, though. There are different ways in which a personal budget can be delivered and we set these out, along with further helpful information, on our page about personal budgets and direct payments.

If you would prefer to have your personal budget delivered in an alternative way to a direct payment, you can amend this template letter to suit your preference. 

Who should I write to?

You can write to your Case Officer at your LA to make your request. We suggest also copying in the most senior person at your LA, usually called the Director of Children’s Services. You can find their contact details on the Association of Directors of Children’s Services website.  

What happens next?

Your LA must consider your request and let you know its decision. There is no set deadline for your LA to respond to your request, but it should do so as soon as possible, taking into account the legal deadlines which apply to the relevant process. You can find further information on timescales and deadlines as set out below:

• For EHC needs assessments: our helpful factsheet sets out the full timeline from an EHC needs assessment request through to EHC plan.
• For annual reviews: our annual review checklist sets out the full timeline for an annual review.
• For reassessments: our page on reassessments provides information about timescales and deadlines. 

What if my LA refuses my request?

There are circumstances where an LA is able to refuse to identify a personal budget, or make direct payments. If your LA refuses your request, it must inform you of its decision in writing, giving its reasons. You cannot appeal the decision to the SEND Tribunal, but you can ask for it to be formally reviewed by your LA.

If you do not feel your request has been considered fairly, you can take action.

The Local Government and Social Care Ombudsman (LGSCO)  has considered complaints about the way LAs have dealt with requests for personal budgets and direct payments, and it has produced a focus report with case studies. Whilst LGSCO decisions are not legally binding, you may find it helpful to see how it considers complaints of this type.

For serious and urgent matters, instead of complaining, you may wish to consider getting advice about a process called judicial review, where the court would look at how the decision was reached.

If it would help to talk about your situation and the information on this page, you can book an advice line appointment with IPSEA or use our call-in service.