Full EHCP Provision, Half the Funding – How Is This Justified?
Is anyone else in their LA feeling completely demoralised by the EHCP funding process for nursery-aged children?
We’ve received an EHCP that clearly outlines a full package of provision—carefully assessed and agreed by panel—but because the child attends part-time (15 hours), the LA is only releasing half the Element 3 funding on a pro-rata basis.
So, to be clear: we’re expected to deliver all of the legally binding provisions in Section F, but with 50% of the funding.
Surely if panel agree that a certain level of support is needed for a child to access learning and make progress, it’s not legally or ethically sound to then expect settings to provide it with a fraction of the funding?
We’re left plugging the gaps with no notional budget for nursery pupils and no automatic route to SENIF. How is this fair—or lawful?
The LA says "I can confirm that, as the children currently attend for 15 hours per week, their top-up funding will be applied on a pro-rata basis. While Section 42 of the Children and Families Act 2014 does place a duty on the local authority to secure the provision outlined in Section F of his EHCP, this duty is aligned with the number of hours the children attend their educational setting. When a child attends part-time, the expectation is that the school delivers the provisions within Section F in proportion to the time they are in attendance. This is in line with standard practice to ensure that funding is allocated fairly and equitably across all settings."
Would love to know if others are experiencing the same. This can't just be us.