A Guide to Personal Budgets

From 1st September 2014, Local Authorities are required to publish local arrangements for the provision of personal budgets.

Personal budgets are available for Education, Health and Social Care services although each of these differ in terms of eligibility, so this page sets out to give you an overview of personal budgets as well as providing further information through the buttons below.

Personal Budgets in Education

Where a child or young person has an EHC plan, the LA can be required to identify a personal budget. This is the notional amount of money needed to make any of the special educational provision as specified in their EHC plan.

Parents or young people can also request that the Local Authority make a a direct payment to them so they can arrange the special education provision detailed in the EHC plan themselves. Where this provision takes place in a school or college setting, the consent of the Head Teacher or principle of the school or college is required.

Parents of children or young people with a current Statement of Special Educational Needs or a current Learning Difficulties Assessment (LDA) are not entitled to ask for a personal budget or to have direct payments made in lieu of special educational provision. They must wait until they are in the transition review process.

Personal Budgets in Social Care

Parents and young people have a right to request a personal budget  for services that the Local Authority may provide to children with disabilities, or their families, under section 17 of the Children and Families Act 2014. There is also a duty placed on the Local Authority to offer direct payments for Social Care services in all cases  where the Local Authority are satisfied that the person who receives the direct payments will use them in an appropriate way and that they will act in the best interests of the child or young person.

Personal Budgets in Health

A personal health budget could be given to anyone who needs to receive healthcare that is funded by the NHS where the benefits of having the budget outweigh any additional costs associated with having one.

Since 2014, anyone receiving NHS continuing Healthcare (including children’s continuing care) has had the right to ask for a Personal Health Budget, including a direct payment. From October 2014 this changed to a right to have a personal budget.

Click the links below to access specific extracts from the SEND Code of Practice 0-25 and relevant legislation along with Oldham Local Authority policies on Personal Budgets.

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