Your child has an EHCP. The provision is specified in Section F. But the support the LA arranges isn’t working. The speech therapist cancels half the sessions. The TA keeps changing. The specialist tutor the LA commissioned doesn’t understand your child’s needs.
You know what your child needs. You’ve found the right professionals. You just need the money to pay for them.
That’s what an EHCP personal budget is for. It gives you the right to request control over how the provision in your child’s plan is funded and delivered. Section 49 of the Children and Families Act 2014 gives you a statutory right to make this request when an EHCP is first drawn up or at any annual review. The LA must consider your request.
What a personal budget is
A personal budget is the money it costs to deliver the provision already written in your child’s EHCP. It’s not extra funding. It’s not a separate pot. It’s the cost of what’s already specified in the plan, delivered in a way that gives you more control.
There are three ways the money can be managed.
| Direct payment | Notional budget | |
|---|---|---|
| Who holds the money | You (or your child if 16+) | LA or ICB |
| Who chooses providers | You | You (LA arranges payment) |
| Administration | You manage payments, keep records, submit returns | LA handles payments |
| Control level | Highest | Medium |
The third option is a third-party arrangement, where an independent organisation manages the funds on your behalf. You direct choices, but the third party handles administration.
You can combine mechanisms. For example, a direct payment for a specialist tutor alongside a notional budget for speech and language therapy managed by the ICB.
What it’s not
A personal budget is not a blank cheque. There are important boundaries:
- It doesn’t give you the right to any specific amount (the LA decides based on Section F costs)
- It doesn’t provide extra money beyond the plan (it funds existing provision differently, not more provision)
- It doesn’t replace the LA’s legal duties (they retain responsibility for ensuring delivery happens)
- It can’t be used for school placements (you can’t use it for school fees or to fund a school place)
The budget must be calculated transparently from the provision specified in Section F. If Section F says “20 hours per week of specialist TA support,” the budget is whatever that costs.
The single most important thing before requesting a personal budget is making sure Section F is specific and quantified. If Section F says “access to support as needed” or “regular therapy sessions,” there’s nothing to calculate a budget from. Fix Section F first.
How to request one
You can request a personal budget when the EHCP is first drawn up, at any annual review, or during a reassessment. If you don’t yet have an EHCP, see our guide to requesting an EHCP assessment as the first step. The request goes to the LA’s SEN team.
Before you write:
- Check Section F - make sure provision is specified with hours, frequency, and type (e.g., “2 x 45-minute weekly SALT sessions” not “speech therapy as needed”)
- Write formally and cite Section 49 of the Children and Families Act 2014
- State the specific Section F (or G or H) provision you want the budget for
- State your preferred delivery mechanism: direct payment, notional, or third-party
- Request the calculation methodology and ask how the budget amount was worked out
When the LA responds with a budget amount, check it carefully. Request a line-by-line breakdown. The budget must cover the genuine cost of delivery, including employer NI contributions, holiday pay, pension auto-enrolment, insurance, and training if you’re hiring directly.
These figures show what specialist support actually costs. Use them to check if your LA’s proposed budget is realistic.
If the LA offers a budget based on their internal commissioning rate and you can’t purchase the provision at that price, the budget is insufficient. Challenge it.
When the LA says no
LAs can refuse a personal budget, but only for specific reasons. And blanket policies refusing all personal budgets are unlawful.
| What the LA says | What the law says +Your rights | |
|---|---|---|
| Personal budgets | “We don’t do personal budgets” | CFA 2014 s.49 gives a statutory right. Blanket refusals are unlawful. |
| Budget amount | “The amount is based on our rate” | Budget must reflect actual delivery cost, not internal rates. |
| Provider choice | “You must use our provider” | Direct payments let you choose. LA cannot dictate. |
| Section F | “Section F isn’t specific enough” | Correct - fix Section F first, then re-request. |
If the LA refuses your personal budget request, ask for the refusal in writing with specific reasons. Generic refusals are challengeable. If the reason is that Section F isn’t specific enough, request an annual review specifically to quantify the provision, then re-request the budget.
Managing a direct payment
If you receive a direct payment, you take on administrative responsibilities. These aren’t insurmountable, but they’re worth understanding before you commit. You’ll need a separate bank account for the funds, keep detailed records of receipts, invoices, and timesheets, submit quarterly returns to the LA, take on employer duties if hiring directly (PAYE, insurance, pension auto-enrolment, contracts), return unused funds, and pass an annual LA audit of your spending.
The administrative burden is real, but many parents find that choosing their own providers and controlling the quality of support is worth the extra work. The provision arrives consistently, the professionals understand your child, and you’re not relying on the LA to arrange (and re-arrange) provision that keeps falling through.
Components you can include
A personal budget can cover provision from different sections of the EHCP.
Section F (education): specialist tutoring, 1:1 support, assistive technology, educational resources. Funded by the LA.
Section G (health): speech and language therapy, occupational therapy, physiotherapy. Funded by the ICB (Integrated Care Board).
Section H (social care): personal care support, respite, short breaks. Funded by the LA.
You can have personal budgets for some components and LA-arranged provision for others. Mix and match based on what works.
Why it’s often better
When the LA arranges provision, you’re dependent on their commissioning decisions, their provider contracts, and their timescales. If a therapist leaves, you wait for a replacement. If the contract changes, you start again.
With a personal budget, you choose the professionals. You build continuity. Your child works with people who know them. And when something isn’t working, you can change it without waiting for the LA to act. A personal budget doesn’t give you more money, but it gives you more control. For many families, that control is the difference between provision that works and provision that exists only on paper.
Getting help
IPSEA provides free legal advice on EHCP personal budgets and can help you challenge refusals. Helpline: 0300 222 5899.
Your local SENDIASS can help you understand the personal budget process and support you through the request.
In Control publishes resources on self-directed support and personal budgets.
How our free tool can help
The AI assistant at SEND Parents Help covers personal budgets in detail, including how to check if your Section F is specific enough, how to calculate budget amounts, and what to do if the LA refuses. You can describe your situation and get guidance tailored to your child’s plan.
You have the right to ask
Section 49 exists for a reason. It gives parents the power to take control of how their child’s support is delivered. Not all LAs make it easy. Some actively resist. But the law is on your side.
If the LA’s provision isn’t working for your child, a personal budget might be the answer. Start by checking Section F. Then make the request. And don’t take a blanket refusal as the final word.
Sources and further reading
Legislation and official guidance
- Children and Families Act 2014, Section 49 (right to request personal budget)
- SEN (Personal Budgets) Regulations 2014 (conditions and restrictions)
- SEND Code of Practice, Chapter 9 (paragraphs 9.95-9.122, personal budgets guidance)