Provision for which a local authority is not required to prepare a personal budget4A

1

For the purposes of section 49(2), the particular provision to be secured by an amount identified in a personal budget does not include provision that is specified, or proposed to be specified, in an EHC plan (the “specified provision”)—

a

which the local authority secures, or proposes to secure, under arrangements within the meaning of paragraph (2); and

b

where the conditions in paragraph (3) apply.

2

“Arrangements” for the purposes of this regulation means any arrangements between the local authority and a third party under which the local authority pays an aggregate sum for special educational provision which includes the specified provision.

3

The conditions are that—

a

the aggregate sum paid by the local authority under the arrangements includes a notional amount for the specified provision; and

b

the notional amount cannot be disaggregated from the aggregate sum because the disaggregation—

i

would have an adverse impact on other services provided or arranged by the local authority for children or young people with an EHC plan; or

ii

would not be an efficient use of the local authority’s resources.