Did you Know?

Did you know that when the Local Authority are writing an EHCP, it is the Local Authority and ONLY the Local Authority that must make the provision decisions? They cannot pass on the responsibility to a school for example, to decide what support is needed.

Section F must be specified and must not be open to the school to decide what they can achieve with the funds given.

Support given to a child in Section F must be based on the child's needs (difficulties) and NOT on the funding available.

Here's the Caselaw you need:

C v Special Educational Needs Tribunal and London Borough of Greenwich [1999] ELR 5: An LA must make decisions about provision when writing a Statement (now an EHC plan), and cannot delegate this responsibility to someone else, such as a school. (For example, the EHC plan should not say anything like “Support to be determined by the setting”.)