(iii) the right to request a review of the decision (a) inform in writing the child’s parent or the young person of. Where a local authority decides not to make direct payments it must. (2) A local authority may only make direct payments in respect of the special educational provision specified in an EHC plan, and may not make direct payments for the purpose of funding a place at a school or post-16 institution. (d) securing the proposed agreed provision by direct payments is an efficient use of the authority’s resources. (c) the direct payments will not have an adverse impact on other services which the local authority provides or arranges for children and young people with an EHC plan which the authority maintains and (b) where the recipient is the child’s parent or a nominee, that person will act in the best interests of the child or the young person when securing the proposed agreed provision (a) the recipient will use them to secure the agreed provision in an appropriate way Decision to make direct paymentsĦ.-(1) A local authority may only make direct payments where a request has been made for direct payments to be made and the authority is satisfied that. (3) Where a nominee has been appointed in accordance with paragraph (1)(c), if the child’s parent or young person notifies the local authority in writing that they wish to withdraw or change their nomination, the local authority must stop making direct payments to the nominee as soon as reasonably practicable and, where applicable, consider whether to make direct payments to the alternative nominee. (d) is not a person described in the Schedule.

(c) does not lack capacity within the meaning of the 2005 Act to consent to the making of direct payments to them or to secure the agreed provision with any direct payment and (b) where the recipient is an individual, is over compulsory school age (a) appears to the local authority to be capable of managing direct payments without assistance or with such assistance as may be available to them (2) Direct payments may only be made to an intended recipient if the person. (c) a person nominated in writing by the child’s parent or the young person to receive direct payments on their behalf. Persons to whom direct payments may be madeĥ.-(1) A local authority may make direct payments, as appropriate, to. (2) Where a request for direct payments has been made, a local authority must consider that request. (b) the EHC plan is being reviewed or re-assessed under section 44 of the 2014 Act. (a) the draft EHC plan is being prepared in accordance with section 38 of the 2014 Act or Request for a personal budget including direct paymentsĤ.-(1) A child’s parent or a young person may make a request to a local authority for a personal budget, including a request for direct payments, at any time during the period in which. (c) the conditions which must be met before direct payments may be made. (b) details of organisations that provide advice and assistance in connection with personal budgets and (a) the provision for which a personal budget may be available Where a local authority maintains an EHC plan or is securing the preparation of an EHC plan for a child or young person, it must make arrangements for the provision to the child’s parent or young person of the following information. “recipient” means a person to whom direct payments are, or are proposed to be, made under regulation 5(2). “nominee” means a person nominated in accordance with regulation 5(1)(c)

“agreed provision” means the goods or services specified in the local authority’s notice under regulation 8(2)(b) “the 2014 Act” means the Children and Families Act 2014

“the 2005 Act” means the Mental Capacity Act 2005( 2) These Regulations may be cited as the Special Educational Needs (Personal Budgets) Regulations 2014 and come into force on 1st September 2014. In accordance with section 135(6)(a) of that Act, a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament.

Personal budget definition