Question to the Department for Education:

To ask the Secretary of State for Education, what assessment her Department has made of the potential impact on local authorities' ability to meet special educational needs because of delays by local authorities in reviewing schools' funding requests for Education, Health and Care Plans.

Mainstream schools are funded through the formula set by their local authority. The funding formula is decided by each local authority in consultation with its schools and often uses factors such as low prior attainment and free school meals to give an estimate of the number of children with special educational needs (SEN) a school is likely to have. Local authorities are required to delegate funds to a level that enables schools to meet the additional cost of pupils with SEN up to £6,000 per annum.

When a school can demonstrate that the costs of additional support required for a pupil with SEN exceed £6,000, the local authority should allocate additional funding to cover the excess costs. This may follow an education, health and care (EHC) needs assessment and the creation of an EHC plan, though local authorities have discretion to provide top-up funding to pupils without an EHC plan.

If a local authority issues an EHC plan, it is statutorily required to secure the special educational provision specified in the plan. Disagreements over the provision required and the associated costs should not stand in the way of a child or young person’s education.

The department is clear that we expect commissioning local authorities and all types of schools/colleges to work together so that agreement can be reached on the level of top-up funding required to enable suitable provision to be made for individual pupils and students. More information is available in the GOV.UK guidance ‘High needs funding: 2024 to 2025 operational guide’, which can be found here: https://www.gov.uk/government/publications/high-needs-funding-arrangements-2024-to-2025/high-needs-funding-2024-to-2025-operational-guide#top-up-funding.

As the statutory responsible body, the local authority is responsible for the final decision about the level of funding required to secure the necessary provision. In determining the funding level, the local authority should have consulted with the school or college and should ensure their decision is evidence-based and reasonable. However, even where provision is specified in an EHC plan, there is no statutory requirement that a local authority must pay top-up funding at a particular rate requested by a school or college.