Understanding the Legalities Around the £6,000 Notional Budget for SEN Support. It is not a legal requirement for schools to spend £6000 prior to application for and EHCNA!

The notional budget in education refers to an indicative amount of funding allocated within a school's overall budget to support pupils with special educational needs (SEN). It is not a separate fund but a portion of the school's main budget, identified by local authorities to guide schools in meeting the additional costs of SEN provision.

Key Features of the Notional Budget:

Purpose: Schools use this budget to provide additional support for pupils with SEN, such as employing teaching assistants, purchasing resources, or adapting learning environments.

Calculation: Local authorities calculate the notional budget using factors from the Dedicated Schools Grant (DSG), such as pupil numbers, deprivation levels, and prior attainment.

Threshold: Schools are expected to cover the first £6,000 of additional support per pupil with SEN from this budget. If a pupil's needs exceed this amount, schools can apply for high needs funding from their local authority.

Whilst the notional budget helps schools fulfil their legal duty to use their best endeavours to meet the needs of pupils with SEN, as outlined in the Children and Families Act 2014.

It is not a legal requirement for a school to have spent £6,000 before an Education, Health, and Care Needs Assessment (EHCNA) can be requested. The law, as outlined in the Children and Families Act 2014, states that a local authority must carry out an EHCNA if:

1. The child or young person has, or may have, special educational needs (SEN).

2. It may be necessary for special educational provision to be made through an Education, Health, and Care Plan (EHCP).

This legal test sets a relatively low threshold. However, some local authorities (LAs) may have policies requiring evidence of a certain amount of funding (often £6,000) being spent on SEN support before agreeing to assess. These policies are not lawful and cannot override the legal duties set out in the Act.

If you believe an EHCNA is necessary, you can request one directly from your local authority, even if the school has not spent £6,000. If the request is refused, the LA must provide reasons and explain your right to appeal to the SEND Tribunal.

The myth that schools must spend £6,000 before requesting an Education, Health, and Care Needs Assessment (EHCNA) likely stems from a misunderstanding of the SEND funding system and local authority policies. Here's how this misconception may have developed:

1. Funding Thresholds: Schools are expected to use their notional SEN budget to provide additional support for pupils with SEN, up to a nationally prescribed threshold of £6,000. This figure is part of the funding system but is not a legal requirement for requesting an EHCNA.

2. Local Authority Practices: Some local authorities may have policies requiring evidence of significant spending on SEN support before agreeing to assess. While these policies are not lawful, they can create confusion among schools and parents.

3. Misinterpretation of Regulations: The expectation to spend £6,000 is sometimes misinterpreted as a prerequisite for an EHCNA. In reality, the legal test for an assessment is based on the child's needs, not the amount of money spent.

4. Communication Gaps: Miscommunication between schools, local authorities, and parents can perpetuate the myth. Clear guidance and awareness are essential to dispel this misunderstanding.