Explain
Personal budget
A personal budget is an amount of money the council sets aside for some of the help in an EHC plan. The parent or young person is involved in arranging that help. The parent or young person can ask for one while a draft plan is being prepared, or the plan is being reviewed or re-assessed. The council must then prepare one. It can be held by the council, managed by someone else, or paid as a direct payment. In limited cases, the council can leave out help it pays for from a larger sum, such as a block contract.
The council can leave out such help only where separating out the money would harm other services for children and young people with a plan, or would not be an efficient use of resources. A refusal of a personal budget or a direct payment cannot be appealed to the SEND Tribunal. If the council refuses a direct payment for special educational provision, the regulations require it to give its reasons in writing, and the parent or young person can ask it to review the decision. If the council cannot identify an amount for some of the help, the Code of Practice says it should explain why. Complaints can go through the council's complaints process and then to the Local Government and Social Care Ombudsman. The help itself in Section F can be appealed when a plan is issued or amended.
- Type of rule
- Law (Act or Regulations)
- Rule id
personal_budget- Rules version
- england-2026.10
- Law as at
- 30 September 2026
Sources
- Children and Families Act 2014, s 49(1)Law (Act or Regulations)
- Children and Families Act 2014, s 49(2)Law (Act or Regulations)
- Special Educational Needs (Personal Budgets) Regulations 2014, reg 4(1)Law (Act or Regulations)
- SEND Code of Practice 2015, para 9.95Official guidance
- Special Educational Needs (Personal Budgets) Regulations 2014, reg 4ALaw (Act or Regulations)
- Special Educational Needs (Personal Budgets) Regulations 2014, reg 7Law (Act or Regulations)
- SEND Code of Practice 2015, reasons when no sum can be identified, para 9.106Code of Practice: should (follow unless there is a good reason not to)
- Children and Families Act 2014, s 51(2)Law (Act or Regulations)
- Local Government Act 1974, s 26Law (Act or Regulations)
Related
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