EHCP Personal Budgets Explained

You have the right to control how your child's support is delivered. A personal budget puts you in the driving seat.

What is a personal budget?

A personal budget is an amount of money the local authority identifies to deliver some or all of the provision in your child's EHCP. It can be managed as a direct payment (money paid to you), managed by the LA on your behalf, or a combination. It gives you more control over how support is delivered - you could choose your own therapists, buy specific equipment, or arrange provision in a way that works best for your child.

Your right to request one

Under Section 49 of the Children and Families Act 2014, you have the right to request a personal budget when an EHCP is first being drafted, or at any annual review. The LA must prepare a personal budget if you ask for one. They can't simply refuse - though they may need to negotiate the details with you.

What it can cover

A personal budget can cover any provision in the EHCP that the LA agrees can be delivered this way. Common uses include: speech and language therapy, occupational therapy, specialist tutoring, sensory equipment, after-school activities that support EHCP outcomes, and transport. The provision still needs to be specified in the EHCP - the personal budget is just the mechanism for delivering it.

Advantages and considerations

Advantages: you can choose providers, arrange sessions at convenient times, and ensure continuity if the LA's commissioned services change. Considerations: you'll need to manage the budget, keep records, and ensure the provision is actually delivered. It's more responsibility, but many parents find the flexibility is worth it.

If the LA is difficult

Some LAs are reluctant to offer personal budgets because it reduces their control. If your LA is obstructive, remind them of their legal duty under s.49 CFA 2014. If they still refuse, you can complain through the LA's complaints process, contact the Local Government Ombudsman, or seek advice from IPSEA or SOSSEN. EHCP Expert can generate your personal budget request letter.

Your child deserves better

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