Agreement with LA to pay for SEN provision at independent school

[MarmiteMum123]

I am wondering if anyone has any knowledge on whether it is possible for the LA (we are in Surrey) to agree to pay for the additional SEN costs at an independent school if we agree to pay the school fees? EHCP has just been awarded for a yr 6 child, and we have an offer of place at an independent school prior to the EHCP being awarded. Thanks

I’m afraid I have no experience but am interested in any responses. My son is in yr 5 and we’re in the process of applying for an EHCNA and also in Surrey. The special schools we’ve looked at are too far away so hoping to find a smallish indy that will also give him the support he needs.

Sometimes LAs will come to an agreement whereby parents pay the fees and they pay the SEN provision. But equally sometimes LAs will say parents are making suitable alternative arrangements therefore they are relieved of their duties and won’t pay for either.

It is possible to get an independent school named in the EHCP so the LA pay the fees and the SEN provision. For a mainstream independent you will need an offer of a place and the prove the LA’s proposed school(s) cannot meet DC’s needs &/or it is not unreasonable public expenditure,

At secondary 1hr15 is generally considered the maximum reasonable travel time, but some do travel further.

@AReallyUsefulEngine very helpful, thanks. Do you know at what point we could ask the question of whether we can split the costs with the LA? The LA are currently consulting with our preference, and local schools. We have just been asked if we have another preference in addition to the independent school which makes me think the independent might not still offer the place.

I would ask once you are sure the LA won’t name the independent and pay the fees and SEN provision otherwise you missing out on the LA funding it all.

@AReallyUsefulEngine thanks again. I am unsure whether to ask them to consilt another specific school now as will that look like it is our preferred setting, rather than the independent? Is it better to be specific and say our other preferences would be .... Only one school can be named, even if several say they can offer a place.

Sorry, my head is full of questions today.

I know of a case in Surrey when the council just paid the amount the state school would receive so the kids parents had to top up to fully fund the TA needed. State school has to find the first £6,000 of SEN provision so that’s what the parents needed to cover. So as a parent you could be asked to cover that extra £6k. Each case is different.

I would only name that preference at this point, if the LA come back and say they won’t name it then you can suggest another one or if the school offer stands decide to appeal. If you name a state school preference the LA are likely to name that regardless.

If parents are part funding an independent school place/the SEN support it must be an arrangement (e.g. where the LA would otherwise name an alternative school and the parents don’t want to appeal) because if the independent school is named in I then the LA must fund the fees and the SEN support. If it is named in I the LA cannot ask parents to fund any part of it.

State school has to find the first £6,000 of SEN provision so that’s what the parents needed to cover.

With provision specified and quantified if section F the ultimate responsibility for funding the provision fclies with the LA. It is possible for schools to force the LA to fund all the provision. This thread is an interesting explanation of that. Besides the notional SEN budget is rarely £6k.

Hi

i am in a similar position @MarmiteMum123 could you let me know what happened with your application. I am also in surrey

I have known Surrey to pay for an independent mainstream (normal private school) in full (took an appeal though).

I have also known them just give an independent the top up money - likely £1 to £4K pa if they deem that a mainstream can meet needs.

If you want the school paid in full you need to concentrate on why their mainstream can't meet needs - and yes you need to ask the LA to consult with the independent school. You might ask them to consult with another school as well but unless it is more expensive (as a SEN school might be) I wouldn't, as if the cheaper one says yes the LA will name it.

If you honestly believe mainstream (or a cheaper SEN school) can meet needs and you have no intention of appealing, you have nothing to lose by asking the LA to contribute the amount it would have had to pay for the LA choice school. Generally they won't (and shouldn't) do deals contributing towards fees, only SEN extras, but I've known other LAs to do this - or, for example, offer to pay the main fees at a private school but NOT the extras. No idea how this ends up being written on the EHCP but I know its been done.