Any education legal experts here?

[Imnotacelebgetmeouttahere]

Specifically looking for advice regarding EHCP funding

What is the question.

Is it lawful for a Local authority to only offer discretionary funding amounts when a child has an ehcp so should it be funded in the usual way regardless of age?

Not sure I understand what is going on here but the basic position is that the LA is required to provide the funding required to deliver the provision specified in the EHCP if it goes beyond the school's ability to fund it. Depending on how the LA handles special needs funding for children without an EHCP the school may be required to fund the first £6,000 itself.

Sorry i posted in a hurry which wasnt helpful!
Child now has an ehcp and due to no space in specialist nursery will remain in mainstream with ehcp.

The LA have said that they will fund the 1:1 ta st discretionary funding rate (£9per hour) but wouldn't answer how the SALT provision would be funded ( the direct therapy from local health not the work the nursery do daily)

Theyve now said theyll fund the SALT from another pot but any resources required to meet the provision requirements we will have to ask the LA at every step.

Ie section f states the child will use language steps programme

The nursery will have to ask for the funding for that resource and its at the LA discretion.... which isnt how funding for an ehcp usually works.

The worry is the nursery will make a request and the LA will refuse!

The LA cannot refuse. The support detailed in the EHCP must be provided. The LA is required to fund anything the nursery cannot fund itself. If it does refuse to fund the provision that is in the EHCP you can take them to the First Tier Tribunal (Special Educational Needs and Disability) and should have no trouble forcing them to comply.

Thank you

It's worth noting that If the nursery does wish to request extra support, they will need to provide appropriate evidence to back up their request, otherwise the LA can refuse. You'd be amazed how many provisions don't bother to do this and then wonder why they don't get the money!

Extra support should have been extra funding there!

Thank you! Its a whole new thing for us as my others are in specialist provision so lots of the resources and support are already inbuilt as it were...

Yep, the special schools mostly include all those sort of therapies and resources as part of the package - much easier! Everyone knows where they stand.

Specialist provision within a mainstream environment is harder to quantify.

Good luck