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The  SEND Code of Practice says:

“Colleges, including sixth-form colleges and academies have a duty to use their best endeavours to secure the special educational provision that the young person needs… whether or not the students have EHC plans.” (7.3)

Do colleges have access to SEN Funding?

Yes, colleges are funded by the Education & Skills Funding Agency for…

  • students aged 16 to 19 and
  • students up to the age of 25 when they have an education, health and care (EHC) plan

It is for colleges to determine their approach to using these resources to support the progress of young people with SEN.  This is sometimes called 'Core funding'.  

Colleges should provide a clear description of the types of special educational provision they normally provide. This will help parents and others understand what they can normally expect the college to provide for young people with SEN. Colleges are not expected to meet the full costs of more expensive support.

SEND Funding 16-18

For a student’s additional support, regardless of whether there is an EHC Plan in place, if the total additional support costs are less than £6,000 the funding is from 16-19 funding budget. If the total additional support costs are more than £6000, the funding will be from High needs funding budget

 

SEND Funding 19-25

If there is no EHC Plan, funding for Learning Support comes from Adult education budget.

 If there is an EHC Plan, the total additional support costs for less than £6000 will be from 16-19 funding budget.

For cases where there is an EHC Plan and the total additional support costs are more than £6000 the funding is from High needs funding

What is top up funding or High Needs Funding?

Young people do not need to have an EHC plan to receive top-up funding, except those young people aged 19 or over.  

High Needs Funding supports provision for pupils and students with SEND, from their early years to age 25. 

  • High Needs students include; students aged 16 to 18 with high levels of SEN in schools and academies with or without an EHCP Plan; or those aged 19 to 25 who have an EHC plan with support costs exceeding £6,000 from High Needs Funding
  • High Needs students in mainstream schools and academies are funded through a combination of the core funding plus the additional £6,000 education support fund.
  • Top-up funding may be commissioned by the local authority. 
  • Local authorities should be transparent about how they will make decisions about high needs funding and education placements. They should share the principles and criteria which underpin those decisions with schools and colleges and with parents and young people.
Can the college provide SEN Support?

Yes, the college can provide learning support.  The college must use its best endeavours to provide the special educational provision that is needed. The college should work with the student to plan and provide special educational needs support and review it regularly and adjust if necessary – this is called the graduated approach (assess, plan, do & review).

There should be a named person in overall charge of SEN provision, similar to the school special educational needs coordinator (SENCO).   The college must make sure that students with SEN know who they can go to for help and support - the Learning Support Team.  Parents and young person can arrange to meet with the Learning Support Team and discuss the study programme, qualifications or even non-qualification activities/work experience and the support that will be needed for the young person to achieve their outcomes.   The college should provide a level of support for any students with special educational needs but additional SEN support may be necessary and this should be explored fully with the Learning Support Team.  

If the students needs go above learning support, the college can apply for high needs funding.  This funding will not pay for a course but it will provide ‘additional’ support, such as resources, equipment and adjustments to the learning programme.   

SEND Funding 16-18

For a student’s additional support, regardless of whether there is an EHC Plan in place, if the total additional support costs are less than £6,000 the funding is from 16-19 funding budget. If the total additional support costs are more than £6000, the funding will be from High needs funding budget

 

SEND Funding 19-25

If there is no EHC Plan, funding for Learning Support comes from Adult education budget.

 If there is an EHC Plan, the total additional support costs for less than £6000 will be from 16-19 funding budget.

For cases where there is an EHC Plan and the total additional support costs are more than £6000 the funding is from High needs funding

The College is not able to meet the student’s SEN – what happens next?

It is expected that most students SEN needs can be met through the college's SEN funding. 

If the college have used its best endeavours to support the student’s learning needs and have accessed the appropriate additional funding (high needs funding) but this has not been sufficient, the student may need an Education, Health & Care Plan.    An EHC plan is only necessary where a young person’s needs cannot be met from within the school or college’s resources.  

It is important to fully explore with the college that every effort has been made to meet the student’s SEN needs before an EHC Needs Assessment is applied for.  If an EHC Needs Assessment is applied for, the local authority will request any supporting evidence of how the college have supported the student and what is working/not working and the difference any additional funding has made.   It is always a good idea to speak with the college's Learning Support Team and discuss the level of support in place, to ensure that every effort is being made to meet the student's SEN needs.

You may find it helpful to read our information on When a LA should carry out an EHCNA which explains the legal test (section 36(8) of the Children and Families Act 2014) and the SEND Code of Practice. 

The College have said my young person needs an Education, Health & Care Plan to start their course. Is this correct?

Colleges have a duty (explained in the  SEND Code of Practice 2015 to ‘use their best endeavours to secure the special educational provision that the young person needs’ and ‘they must fulfil this duty for students with SEN whether or not the students have EHC plans.’

You can ask the college to apply for High Needs funding. High Needs Funding is funding that Further Education colleges or approved Educational Establishments can apply for to help them to support young people.

Will an EHC Plan pay for a college course?

It is important to note that an EHCP will not automatically pay course tuition fees, what is funded will depend on the outcomes and needs specified in an EHCP and what suits the student’s needs and if is an ‘efficient use of resources’

If an EHCP is agreed, the plan will outline the needs that have been identified and will describe the provision that is required to support and to help the young person prepare for adulthood.  The local authority will consider a range of options such as, further education, training, a supported internship or apprenticeship.  The package does not need to include study towards formal qualifications but can include activities such as, volunteering or community participation, work experience, life skills and independent living, training to develop social skills/maintain friendships etc.

How can a student get an EHC Plan?

A parent or young person aged 16 or over will need to apply to the local authority for an Education, Health & Care Needs Assessment -EHC Needs Assessments  If the local authority agree to carry out the assessment, the timeframe of the assessment is 20 weeks and at the end of the assessment the local authority will decide whether an EHC Plan is necessary.

We also have a parent information section here (which is more comprehensive)

Will the EHC plan continue at college?  

If your child has an EHC plan, it does not have to end when they leave school. Their plan can continue up to the age of 25, as long as they still have special educational needs and remain in a form of education or training.  

Local authorities have a legal duty to review and amend an education, health and care plan when a child or young person transfers from one phase of education to another. Phase transfer is the moving between particular stages of education. When a young person starts year 9, a Preparing for Adulthood advisor will write to the young person to introduce themselves and offer advice on options.  From year 10 onwards, the advisor will meet with the young person to explore options and paths they might take and consider their next step.       

When a student is over 19 years old, the local authority must consider whether the education/training outcomes within the EHC plan have been met. If the learning goals have not been met and a student requires more time to achieve them, the annual review will indicate if the plan needs to continue (up to 25).

The local authority must have considered whether the educational outcomes in an EHCP have been met before deciding to cease to maintain and the case will be about whether the plan is still needed whilst the young person continues their education / training or not.  It is important that an annual review has taken place so that both parent and student have the opportunity to share their views on whether the EHCP should remain in place for college

When a local authority (LA) decides to take away or end an EHCP, this is called ‘ceasing to maintain’. This means that the EHCP will come to an end and the LA will no longer have the legal duty to ensure that the educational provision specified in the EHCP is received by the child or young person.

Also in this section:

SEN Funding in Mainstream Schools

This information is about funding for special educational needs (SEN) in mainstream schools. This includes academies and free schools.

SEN Funding in Early Years

Information on Free Early Years Entitlement, SEND Premium and inclusion funding and Early Years Pupil Premium.

Higher Education Funding

The move to university is daunting for anyone, but it is especially so for many students with special educational needs