7th August 2024 • My Family Our Needs

EHCP expert, Lydia Dunford is back to answer a parent’s question about the access to tutoring her child is entitled to under their current EHCP outside of term time.

Q: EHCP provision outside of term time

Can you assist us with a question regarding our Daughter’s EHCP?

Section F states:

A programme of study in English, Maths and Science delivered through 1:1 tuition which addresses gaps in learning and helps [xxx] to work towards GCSE qualifications. [xxx] should be offered curriculum based learning in these core subjects for at least two hours per day, to include direct face-to-face teaching, individual tasks and online learning as deemed appropriate by the tutor (total of 10 hours per week).

This has been provided by two Tutors from a private company (i.e. not EOTAS), at our home (i.e. not at her School), for several months now, with great success.

However, we were informed at a recent Medical Needs Tuition Review meeting that ‘tuition funded by the school will cease during the summer break’ (i.e. at the end of July).

This came as a shock, as there is nothing in the EHCP that constrains the provision of tuition to term-time only, and our Daughter needs ongoing support in order to catch up to her peer-group.

Are you able to advise if we can contest this decision by the school, and if so, how?

If this decision stands, are we within our rights to insist on an amendment to Section J of the EHCP to allow us to continue to engage the Tutors with our own budget, rather than relying on the school to sign the cheques?

A:

It must be clear in Section F if a child or young person requires learning provision beyond school term-time. Otherwise, the LA (who are ultimately responsible for the EHCP provision in Section F, unless there are alternative arrangements) does not have to fund/provide any provision in the school holidays. Evidence is needed to support this i.e., from an educational psychologist.

Parents can privately fund provision over the holidays if they choose to, but they LA would not be obligated to reimburse this cost.

I would advise they seek legal advice about their options/next steps.

Do you have a question? Drop us a line hello@myfamilyourneeds.co.uk

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