Special educational provision in the school holidays

As we have reached half term, it is a good opportunity to consider the potential tricky area of special educational provision in school holidays. Specifically, we are looking at such provision within an Education, Health and Care Plan (EHCP).

EHCPs include special educational provisions (within Section F) that must be delivered to a child or young person when they are at school or college as a minimum. This placement will be set out in Section I of the EHCP.  The exception to this is if there is an Education Otherwise Than At School (EOTAS) package in Section F, meaning no set requirement for a placement to be named in Section I.

However, it can become contentious when requests are made for this provision to also be provided during school and college holidays.

To start with, it must be clear in Section F if a child or young person requires such provision to be delivered out of term time. There needs to be relevant and clear evidence from a suitable professional, such as an educational psychologist, to support the requirement for provision to continue in school or college holidays. This could be due to a period of missed education, or the need for self-care skills to continue being supported and developed, as examples. Each case will depend on its own merits and limitations, as well as evidence as to provision that educates or trains a child or young person.

Some pupils have Section F provision for an extended day curriculum i.e., learning beyond standard school hours, such as in evenings. Often these children or young people attend a residential setting to receive this curriculum, but this is not always required.

Without evidence, that is accepted and sufficiently detailed in Section F, for educational provision in school or college holidays, the LA (who are ultimately responsible for the EHCP provision in Section F, unless there are alternative arrangements) does not have to fund/provide this.

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

We recommend getting specialist legal advice if you are considering out of term provision through an EHCP. The Boyes Turner Education Team can be contacted on 0118 467 6547 or via senexpertsolicitors@boyesturner.com.