Disputes with commissioners over EHCP funding
Dear ASSET Education,
Can you provide the number of challenges you have made to Local Authority Commissioners around the funding provide with EHCP in this academic year. Can you categorise these as follows:
1. Rejected i.e. no additional funding provided for the EHCP (by LA)
2. Successful i.e. additional funding provided for the EHCP (by LA)
3. In progress (by LA)
Of the successful applications, can you detail whether any of these involved your taking legal advice, up to and including the use of Judicial Review.
Can you also provide details of the process you undertake to EHCP funding matches Section F of the EHCP as related to the SEND Code of Practice and, ultimately, the Children and Families Act 2014.
Yours faithfully,
John O'Shea
Good afternoon
I acknowledge receipt of your email on 14th December 2024 and will reply
with the answers as soon as possible in the timeframe required.
Kind regards
Helen Fuller
Good afternoon
Please see below the answers to your questions which I believe resolves
the request and I will therefore close the case.
1. No requests have been rejected, but 7 received a lower band than
requested. 2 of these were challenged but the challenge was rejected.
2. All of our pupils with EHCP receive additional (HNF) funding. We are
able to apply for additional funding regardless of there being an EHCP or
not. However, any additional funding takes into account the £6000 notional
funding (which is not actually £6000) and therefore funding regularly
falls short of that required. Quite often 'additional adult or 1:1' is
not stated (even if required) in EHCPs and therefore it is difficult to
prove this is needed and to cost this accurately. This is a common example
of where the amount received does not actually fully cover the
need/provision.
3. Zero- usually our pupils are already in receipt of additional funding
before the EHCP is sought or approved.
No cases required legal advice in regards to funding and there have been
no judicial reviews in relation to EHCP funding.
Costed provision maps are created and provided to total what providing
section F provision will cost, along with detailed information about need,
pupil and parent views, provision in place and advice and guidance from
other professionals involved with each pupil.
Kind regards
Helen Fuller
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