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The purpose of this document is to outline the Personal Budget Procedure of Dorset Council in relation to the Children and Families Act, 2014 (section 49), the Statutory Guidance and Code of Practice for special educational needs and disability 0-25 years, 2014 (9.92 – 9.121) and the Special Educational Needs (Personal Budgets) Regulations 2014.
This also relates to National Framework for NHS Continuing Healthcare and NHS-funded Nursery Care (October 2018) which incorporates the NHS Continuing Healthcare Practice Guidance (paragraphs 296 – 300) and Guidance on Direct Payments for Healthcare (March 2014).
The detail of the statutory guidance and frameworks are included at Appendices 2, 3 and 4.
Personal budgets are designed to give children, young people and their families more control over the services they receive and how they are organised. The budget is an amount of money identified by the Local Authority (or, in the case of a personal health budget, by the NHS) in order to secure the provision, achieve outcomes and deliver aspects of support set out in an Education, Health and Care Plan (EHCP) or in a Care Plan. This enables young people and/or parents/carers over the age of 16 to organise support themselves, where the Council may not otherwise be able to do so directly.
Personal budgets can be made up in the following ways:
Some of the advantages of having a personal budget are that young people and parents/carers can:
This means you will be able to have a say in the way decisions are made, so long as the agreed outcomes in the EHCP are being met.
If a child/young person meets the criteria for one or more of the following areas of support, then they are entitled to request a personal budget:
If the child/young person is eligible for more than one funding stream, it may be possible to bring them together into a single co-ordinated personal budget.
For information relating to Personal Transport Budgets please refer to the guidance.
A personal budget is an amount of money the Council has assessed to spend in order to meet a child/young person’s eligible special educational needs (as detailed in Section F of the EHC Plan), that the NHS has assessed as necessary in order to meet a child/young person’s continuing health care needs (Section G of the EHCP), or social care needs (Section H of the EHCP).
A personal budget enables young people/their parents/carers to have more choice and control over purchasing and arranging the agreed assistance or services a child/young person require. They are intended to give the individual the maximum degree of choice and control over how their eligible needs are met.
If a service can meet a child/young person’s needs within a reasonable cost and there are no funding barriers (e.g. block contracts) then we are committed to work with families to meet their wishes.
A personal budget can be used for a range of provision to meet education, health or care outcomes, including:
If any of the services need to be delivered in a school or other education setting, the Head of that setting needs to provide approval to host the support.
Personal budgets are not a welfare benefit and are only to be used in ways agreed by Dorset Council or NHS. For children and young people, the personal budget must be clearly aligned to achieving the outcomes which are set out in the EHCP or Social Care Plan.
Young people and parents/carers of children with SEND have the right to request a SEND personal budget once the Council has completed an EHC Needs Assessment and confirmed that it will prepare an EHCP. A request can also be made during the Annual Review of the EHCP. The request for an SEN personal budget can only be considered at these stages.
The Local Authority provides social care personal budgets in the form of Direct Payments to parents/carers of disabled young people. These are to be spent on Short Breaks for the young person, on workers to support with the young person’s care needs, or to meet other assessed needs. For children and young people under the age of 18, Direct Payments are accessed via an assessment by the Children who are Disabled social care service. To be eligible for the service, children must have a ‘permanent and substantial’ disability in line with the definition set out in Section 17a of the Children Act 1989. To request an assessment, please contact Dorset Council’s single point of contact on 01305228866.
For a child/young person who is eligible for home to school travel assistance, a request can be made if they meet the criteria.
Find out more about the SEN Transport Policy
or
Young people and parents/carers of children are asked to carefully check the routes for making a personal budget application below. Applications for a personal budget must fall into one of the listed categories to be considered (the young person or parent/carer should make it clear if they believe that the child/young person falls within more than one criteria). Further Information can be obtained from the relevant education, health or social care services and accessed on the Local Offer.
The outcome of the application will be sent to the applicant in writing. If the application is unsuccessful reasons will be provided together with full details of the Council’s and the CCG’s appeals process, including First Tier (SEND) Tribunal where relevant.
Category | Description |
---|---|
A | Applying for a personal budget following an initial EHC needs assessment |
B | Applying for a personal budget following a statutory review of the EHCP |
C | Applying for a personal budget from social care |
D | Applying for a personal health budget from health |
E | Applying for a personal budget related to specific outcomes in Section F of the Draft or current EHCP |
Personal budgets are optional for the child’s parent/carer or the young person, but the Council is under a duty (the Special Educational Needs Personal Budgets Regulations 2014) to prepare a budget when requested.
The 2015 SEND Code of Practice Section 9.106 states
Local Authorities must consider each request for a Personal Budget on its individual merits and prepare a Personal Budget in each case unless the sum is part of a larger amount and disaggregation of the funds for the Personal Budget:
Personal budgets should reflect the holistic nature of an EHCP and can include funding for special educational, health and social care provision.
Similarly, children in receipt of Continuing Care have a right to have a personal health budget.
The council will consider each request for a personal budget on its own individual merits.
For an education Personal Budget, the Council will consider the cost of the provision that is required to enable the child to meet the specific outcomes in the EHCP in order to determine whether a personal budget can be offered and calculate the value of this budget.
For a social care personal budget, the Council will undertake an assessment of the child/young person’s needs and use that to provide an indication of the level of personal budget that is appropriate in order to meet their needs. Please see Appendix 1.
For children assessed as eligible for Children and Young People’s Continuing Care Funding and for adults receiving NHS Continuing Healthcare (CHC) funding, they can choose to have their care arranged through a Personal Health Budget (PHB).
You can find up to date information and guidance on the NHS Dorset website.
A personal budget is the amount of money allocated by the local authority to ensure assessed needs are appropriately met. Direct payments are a funding choice in personal budgets.
A direct payment means the family or young person receives all or some of the budget and spends the money in line with the agreed provision and outcomes specified in the EHCP or Care Plan.
Parents/carers or the young person (over the age of 16) can ask for a direct payment to manage the personal budget. This will be considered by the Council or NHS and a clear decision will be provided to confirm if a direct payment is agreed.
To provide a direct payment, the Council or NHS must be satisfied that:
If, for any reason, we are unable to agree a request for a direct payment, the Council will contact a parent/carer explaining the reasons why and what action can be taken to appeal the decision.
Personal budgets taken as a direct debit payment will be paid into a separate bank account opened by the parent/carer/nominated individual which enables all transactions to be viewed online. The nominated individual is then responsible for making payments to pay for the support on behalf of the child/young person as agreed in the EHCP or Care Plan.
Alternatively, a parent/carer can choose to have the personal budget and allocated services managed by the council.
You must inform the Local Authority if your circumstances change so we can discuss with you any amendments that might be needed.
Summary of Short Breaks assessment of need factors
Section 49 of the Children and Families Act 2014 – Personal Budgets
and Direct Payments
The Special Educational Needs (Personal Budgets) Regulations 2014
National Framework for NHS Continuing Healthcare and NHS-funded
Nursery Care (October 2018)
The number of hours of short breaks allocated to a child and their family and the type of service offered will be explored during the assessment. The recommendation made will be based on the individual needs of the child and their family and will consider the following:
Section 49 Children and Families Act 2014 - Personal budgets and direct payments
The Special Educational Needs (Personal Budgets) Regulations 2014
National Framework for NHS Continuing Healthcare and NHS-funded Nursery Care (October 2018)
A Personal Health Budget (PHB) is an amount of money to support the identified healthcare and wellbeing needs of an individual, which is planned and agreed between the individual, or their representative, and the local CCG. Personal Health Budgets are a means by which an individual can be given more choice and control. It is not new money, but a different way of spending health funding to meet the needs of an individual.
Individuals who are eligible for NHS Continuing Healthcare have had a right to have a Personal Health Budget since October 2014. Personal Health Budget Standing Rules require CCGs to provide people eligible for NHS Continuing Healthcare with information about Personal Health Budgets to offer them the option of taking them up, and support to do so.
Personal health budgets can be provided in three different ways, or in a combination of these ways:
a) a notional budget held by the commissioner;
b) a budget managed on the individual’s behalf by a third party;
c) a cash payment to the individual (a ‘direct payment’).
A wide variety of resources are available via the personal health budgets pages of NHS England’s website1.
CCGs and local authorities are encouraged to work closely together with regard to the personalisation of care and support in order to share expertise and develop arrangements that provide for smooth transfers of care where necessary.