Having an EHCP does not automatically mean extra money will be given to the education setting. However, the plan does give a legal promise that everything written in Section F must be provided regardless of cost.
The law (Section 42 of the Children and Families Act 2014) says that the Local Authority (LA) must make sure all the support in Section F is put in place. This means:
- they must make sure the child or young person gets the support written in the plan.
- they must make sure the place of learning is following the plan and providing what it says.
- if extra funding is needed to deliver the support, the LA must make sure this happens.
- they must make sure the place of learning has the correct financial resources, training and equipment.
- the LA may have to pay privately if there is not someone able to provide the provision detailed
- the LA must make sure that any therapies such as speech and language therapy, occupational therapy, physiotherapy, or services from CAMHS are written in Section F, the LA must make sure these happen.
There is no excuse for the LA not making sure the special educational support (Section F) written in the EHCP is provided.
There is various Case Law that makes clear it is the LA’s responsibility to ensure that provision detailed in an EHCP is provided from the date the plan is issued as well as ensuring that the place of learning of is providing what it states and not something different. Please see the below links to Case Law: