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1. Introduction

The Children and Families Act 2014 introduces new duties, policies and procedures for local authorities and clinical commissioning groups (CCGs) and the support they provide to children and young people with special educational needs (SEN) and/or disabilities. A young person in this context is a person over compulsory school age and under 25.

The Children and Families Act 2014 replaces statements of special educational needs and introduces education health and care (EHC) plans which include the right to request a personal budget.

In accordance with the Special Educational Needs and Disability Code of Practice January 2015[1], local authorities and CCGs must set out their joint commissioning arrangements for agreeing personal budgets and this is the purpose of this policy and guidance. The eligibility criteria for personal budgets and how they may be accessed must also be published in the local offer; local authorities must publish a local offer, setting out in one place information about provision they expect to be available across education, health and social care for children and young people in their area who have SEN or are disabled, including those who do not have education, health and care (EHC) plans. [2]

The Special Educational Needs (Personal Budgets) Regulations 2014 were approved by Parliament on the 18 June 2014. Personal budgets will be offered alongside the introduction of education, health & care (EHC) plans and children and young people who have an EHC plan have the right to request a personal budget from September 2014. The Care Act 2014 applies to those young people aged 18 and over with social care needs. The focus of the Care Act is on transparency in the allocation of funding, and choice and control in how funding is used to meet outcomes, with the option for most people to receive their support via direct payments. [3]South Gloucestershire Council and South Gloucestershire CCG’s personal budgets policy and guidance provides:

  • a clear statement of eligibility criteria for personal budgets in relation to children and young people aged 0 – 25 with an EHC plan
  • a description of the services across education, health and social care that lend themselves to personal budgets
  • the ways in which services and support can be organised through a personal budget

Committee sign off date

September 2015

 

[1] Special Educational Needs and Disability, Code of Practice, Page 48, para 3.38

[2] Special Educational Needs and Disability Code of Practice, Page 59, para 4.1

[3] Care and Support Statutory Guidance, issued under the Care Act 2014