Local Authority Funding

Local Authorities are legally obliged to fund specialist education under the circumstances outlined in paragraph 63 of the Children and Families Act 2014. However, they vary widely in their attitude towards funding placements. Once an Educational Psychologist has prepared a report, some LAs will acknowledge that they cannot provide the level of support needed by the child cost-effectively within the maintained sector, and agree to fund. Unfortunately in other instances LAs will strongly contest the need for a placement at a specialist school, and parents will then need to go through the often lengthy process leading to a SENDIST Tribunal. 

We recommend parents to contact either one of the support groups listed on our 'Useful Links' page, or a specialist solicitor, to assess the strength of their case and help them through the process.

We are happy to provide advice to parents of potential Frewen students if required.

 

The Children and Families Act (2014), paragraph 63, "Fees for special educational provision at non-maintained schools and post-16 institutions" reads as follows:

(1) Subsection (2) applies where—

(a) a local authority maintains an EHC plan for a child or young person,

(b) special educational provision in respect of the child or young person is made at a school, post-16 institution or place at which relevant early years education is provided, and

(c) that school, institution or place is named in the EHC plan.

(2) The local authority must pay any fees payable in respect of education or training provided for the child or young person at that school, institution or place in accordance with the EHC plan.

(3) Subsection (4) applies where—

(a) a local authority is responsible for a child or young person for whom no EHC plan is maintained,

(b) special educational provision in respect of the child or young person is made at a school, post-16 institution or place at which relevant early years education is provided, and

(c) the local authority is satisfied that—

(i) the interests of the child or young person require special educational provision to be made, and

(ii) it is appropriate for education or training to be provided to the child or young person at the school, institution or place in question.

(4) The local authority must pay any fees payable in respect of the special educational provision made at the school, institution or place in question which is required to meet the special educational needs of the child or young person.

(5) Where board and lodging are provided for the child or young person at the school, post-16 institution or place mentioned in subsection (2) or (4), the authority must also pay any fees in respect of the board and lodging, if satisfied that special educational provision cannot be provided at the school post-16 institution or place unless the board and lodging are also provided.