Children and Young Person’s Provisional Personal Budgets Policy and Guidance (under review)
This policy is currently under review
Policy document relevant to the London Borough of Hammersmith & Fulham, Royal Borough of Kensington & Chelsea, Westminster City Council and the Inner North West London Clinical Commissioning Group’s.
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 20142, local authority and health partners (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.
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 assessed as needing an EHC plan will have the option of a personal budget from September 2014.The Code defines a personal budget in the following terms:
‘A personal budget is an amount of money identified by the local authority to deliver provision set out in an EHC plan where the parent or young person is involved in securing that provision.’ SEN and Disability Code of Practice June 2014 P167 para. 9.95
‘Personal Budgets should reflect the holistic nature of an EHC plan and can include funding for special education, health and social acre provision. They should be focused to secure the provision agreed in the EHC plan and should be designed to secure the outcomes specified in the EHC plan.’ SEN and Disability Code of Practice June 2014 P167 para. 9.98
The Tri-Borough and Inner North West London Clinical Commissioning Group’s (INWL CCGs) Children and Young Person’s Personal Budgets Policy and Guidance provides:
- A clear statement of eligibility criteria and the decision-making process.
- A description of the services across Education, Health and Social Care that lend themselves to personal budgets.
- The mechanisms of control available to parents and young people including:
o Direct payments - where individuals receive the cash to contract, purchase and manage services themselves
o An arrangement - whereby the local authority, school or college holds the funds and commissions the support specifies in the EHC plan (sometimes called notional budgets)
o Third party arrangements - where funds (direct payments) are paid to and managed by an individual or organisation on behalf of the child’s parent or the young person
o A combination of the above