Hillingdon Council Cabinet Member and Officer Decisions
EHCP back payments policy
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Democratic Services Location: Phase II DDI: 01895 277655 CMD No: 1557 To: COUNCILLOR SUSAN O’BRIEN CABINET MEMBER FOR CHILDREN, FAMILIES & EDUCATION COUNCILLOR EDDIE LAVERY CABINET MEMBER FOR FINANCE & TRANSFORMATION c.c. All Members of th e Children, Families & Education Select Committee c.c. Julie Kelly – Corporate Director Children Services c.c. Abi Preston – Director of Education & SEND Date: 16 December 2025 Non-Key Decision request Form D Education, Health & Care Plan (EHCP) Back Payments Policy Dear Cabinet Members, Attached is a report requesting that a decision be made by you as an individual Cabinet Member. Democratic Services confirm that this is not a key decision, as such, the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 notice period does not apply. You should take a decision on or after Wednesday 24 December 2025 in order to meet Constitutional requirements about publication of decisions that are to be made. You may wish to discuss the report with the Corporate Director before it is made. Please indicate your decision on the duplicate memo supplied and return it to me when you have made your decision. I will then arrange for the formal notice of decision to be published. Anisha Teji Democratic Services Title of Report: Education, Health & Care Plan (EHCP) Back Payments Policy Decision made: Reasons for your decision: (e.g. as stated in report) Alternatives considered and rejected: (e.g. as stated in report) Signed ……………………………………………………… Date…………………….. Cabinet Member f or Finance & Transformation / Cabinet Member for Children, Families & Education Cabinet Member report – 16 December 2025 Part I – Public Education, Health & Care Plan (EHCP) Back Payments Policy Cabinet Member & Portfolio Councillor Susan O’Brien – Cabinet Member for Children, Families & Education Councillor Eddie Lavery – Cabinet Member for Finance & Transformation Responsible Officer Julie Kelly – Corporate Director Children Services Report Author & Directorate Abi Preston – Director of Education & SEND Papers with report Appendix 1 - EHCP Schools’ Back Payment Claims Policy HEADLINES Summary That the Cabinet Members review and approve the Education, Health & Care Plan (EHCP) back payments policy. Putting our Residents First Delivering on the Council Strategy 2022-2026 This report supports our ambition for residents/ the Council of: An efficient, well-run, digital-enabled council working with partners to deliver services to improve the lives of all our residents This report supports our commitments to residents of: Thriving, Healthy Households Financial Cost The policy will improve the efficiency and accuracy of budget setting by removing the uncertainty of unexpected claims usually buil t into the budget. Select Committee Children, Families & Education Select Committee Ward(s) N/A That the Cabinet Member for Finance & Transformation, in consultation with the Cabinet Member for Children, Families & Education approve the Education, Health & Care Plan (EHCP) back payments policy in Appendix 1. Reasons for recommendations To present the EHCP Back Payments Policy for approval and implementation. This policy sets out clear procedures and timeframes for schools to claim back payments related to Education, Health and Care Plans (EHCPs), ensuring consistency, transparency, and accountability in the management of EHCP funding. RECOMMENDATIONS Cabinet Member report – 16 December 2025 Part I – Public SUPPORTING INFORMATION Background Schools can experience discrepancies in EHCP top- up funding due to system transitions, administrative errors, or complex placement arrangements. These discrepancies can result in delayed or missed payments, impacting school budgets and the delivery of SEND provision. The absence of a formalised process has led to inconsistent handling of such cases. Policy Overview The policy applies to all maintained schools, academies, and free schools within the local authority area. It outlines: • A two-year time limit for submitting claims from the end of the financial year in which funding was due. • Required documentation to support claims, including EHCP details, evidence of provision, and correspondence. • A review and appeals process to ensure fairness and transparency. • Recognition of exceptional circumstances where claims outside the two- year window may be considered. • Confirmation that the policy does not override the statutory six-year debt legislation. Legal and Statutory Context The policy is underpinned by the Children and Families Act 2014, the SEND Code of Practice (0 to 25 years), and the High Needs Funding Operational Guide. These frameworks establish the local authority’s duty to secure EHCP provision and ensure appropriate funding arrangements. Implementation and Monitoring The SEND Finance Team will oversee the implementation of this policy. Claims will be reviewed within 30 working days, and appeals will be handled by a senior officer. The policy will be reviewed periodically to reflect legislative or operational changes. Financial Implications The policy will improve the efficiency and accuracy of budget setting by removing the uncertainty of unexpected claims usually build into the budget. We anticipate there to be a slight increase in queries as providers sure up their funding in the first year of the policy implementation. RESIDENT BENEFIT & CONSULTATION The benefit or impact upon Hillingdon residents, service users and communities • Improved SEND Provision: Timely and accurate funding enables schools to maintain high-quality support for children with EHCPs, directly benefiting families. • Financial Stability for Schools: Ensures schools receive the funding they are entitled to, supporting consistent delivery of services. • Transparency and Trust: Establishes a fair and consistent process, building confidence among schools, families, and the wider community. Cabinet Member report – 16 December 2025 Part I – Public • Efficient Use of Public Funds: Supports responsible financial management and ensures resources are directed where most needed. • Equity Across Settings: Applies uniformly to all schools, promoting fairness and reducing disparities in funding access. Consultation & Engagement carried out No consultation has been carried out by the LA. CORPORATE CONSIDERATIONS Corporate Finance Corporate Finance have reviewed this report and concur with the Financial Implications set out above, noting approval is sought for the implementation of the EHCP School’s Back Payment Claims Policy. Furthermore, it is noted that the proposed policy introduces a structured process for managing EHCP funding claims , improve efficiency and accuracy of budget setting by removing the uncertainty of unexpected claims. Legal There are no legal implications arising out of the report. BACKGROUND PAPERS N/A APPENDICES Appendix 1 - EHCP Schools’ Back Payment Claims Policy EHCP School Back Payment Claims Policy October 2025 v1 final Purpose This policy outlines the procedures and timeframes for schools to claim back payments related to Education, Health and Care Plans (EHCPs). It ensures consistency, transparency, and accountability in the management of EHCP funding. Scope This policy applies to all maintained schools, academies, independent and free schools within the local authority area that receive EHCP funding for pupils with special educational needs and disabilities (SEND). Legal Framework This policy is underpinned by the following legislation and statutory guidance: • Children and Families Act 2014 – Part 3 Establishes the legal duty of local authorities to secure the special educational provision specified in an EHCP and to ensure timely and appropriate funding arrangements. • SEND Code of Practice: 0 to 25 Years (Statutory Guidance) Provides guidance on the responsibilities of local authorities and schools in delivering EHCP provision, resolving disputes, and ensuring funding is aligned with the needs outlined in the EHCP. • High Needs Funding Operational Guide (Department for Education) Sets out how high needs funding is allocated, including funding for pupils with EHCPs, and the expectations for local authorities to meet their statutory duties under the Children and Families Act 2014. Policy Statement Schools may submit claims for EHCP -related back payments where funding discrepancies or omissions have occurred. However, to ensure timely resolution and financial accountability, a maximum time limit of two years from the end of the financial period for which the funding period in question applies. Key Principles • Claims must relate to top up funding ( EHCP or AP) that was agreed by the Council to be paid but not received. • Claims must be supported by appropriate documentation, including: o EHCP details o Evidence of provision delivered o Evidence of the agreed funding amount including the period it covers o Correspondence or records indicating the funding discrepancy • Claims must be submitted within two years of the end of the financial year in which the funding was due. • This policy on back payments only relates to funding where it has been agreed to be paid by the Council previously. Schools or settings cannot claim back payments where they believe they should have had a higher/ different funding rate than that agreed. These matters must be dealt with at the time of placing a child/ a new EHCP. Circumstances where EHCP Payments may be delayed Below are examples of reasons why EHCP payments could be delayed. These should be identified by the provider and the local authority. This must be no later than within 2 years from the end of the financial year in which the funding period related to. • Administrative errors by the local authority that prevented the school from receiving or being notified of the funding. • Systemic data transfer issues during school conversions (e.g., academy status) or local authority system migrations. • Cases involving looked -after children where placement and funding responsibilities were unclear or disputed between authorities. • Movers in where placement and funding responsibilities transferred between authorities. • Other Each case will be assessed individually, and supporting documentation must be provided to justify the delay. Exceptional circumstances Claims outside the two -year window in which the funding was due will not be considered, except in exceptional circumstances , where the LA has failed in its duty to resolve any query in a timely manner. Evidence will need to be provided of repeated attempts by the provider to resolve the issue within the timeframe, with no response or resolution forthcoming from the local authority. This policy does not override the 6-year debt legislation. Procedure 1. Identification of Discrepancy a. Providers should review EHCP funding allocations monthly and identify any discrepancies at least termly. 2. Submission of Claim a. Claims must be submitted in writing to the SEND Finance Team - SENFinance@hillingdon.gov.uk b. Include all supporting documentation and a clear explanation of the discrepancy. 3. Review and Decision a. The local authority will review the claim within 30 working days. b. Schools will be notified of the outcome and any approved back payment will be processed accordingly. 4. Appeals a. If a claim is rejected, schools may appeal in writing within 20 working days of the decision. b. Appeals will be reviewed by a senior officer not involved in the original decision. Monitoring and Review This policy will be reviewed by local authority officers to ensure it remains fit for purpose and reflects any changes in legislation or funding arrangements.
View Decision / Minutes Text
Executive Decision Notice – 29 December 2025
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
OFFICIAL EXECUTIVE DECISION NOTICE
PUBLISHED BY DEMOCRATIC SERVICES
Notice is hereby given that the following decision(s) have been made today by
Cabinet Members at the London Borough of Hillingdon:
Title of decision Education, Health & Care Plan (EHCP) Back Payments
Policy
Reference No. 1557
Date of decision Monday 29 December 2025
Call-in expiry date Tuesday 6 January 2026
Relevant Select
Committee
Children, Families & Education Select Committee
Relevant Wards N/A
Decision made
Cabinet Members making
the decision
Councillor Eddie Lavery - Cabinet Member for Finance &
Transformation
Decision APPROVED
The Cabinet Member for Finance & Transformation, in
consultation with the Cabinet Member for Children,
Families & Education approved the Education, Health &
Care Plan (EHCP) back payments policy in Appendix 1.
Reason for decision To present the EHCP Back Payments Policy for approval
and implementation. This policy sets out clear procedures
and timeframes for schools to claim back payments related
to Education, Health and Care Plans (EHCPs), ensuring
consistency, transparency, and accountability in the
management of EHCP funding.
Alternative options
considered and rejected
None
Classification Part I – Public
Link to associated report Link to report
Relevant Officer contact
& Directorate
Abi Preston – Director of Education & SEND
Any interest declared by
the Cabinet Member(s) /
dispensation granted
N/A
Implementation of decision & scrutiny call-in
[Internal Use only]
Executive Decision Notice – 29 December 2025
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
When can this
decision be
implemented by
officers?
Officers can implement Cabinet Member decision in this notice only
from the expiry of the scrutiny call-in period which is:
5pm on Tuesday 6 January 2026
However, this is subject to the decision not being called in by
Councillors on the relevant Select Committee. Upon receipt of a
valid call-in request, Democratic Services will immediately advise
the relevant officer(s) and the decision must then be put on hold.
Councillor scrutiny
call-in of this
decision
Councillors on the relevant Select Committee shown in this notice
may request to call-in this decision. The request must be before the
expiry of the scrutiny call-in period above.
Councillors should use the Scrutiny Call-in App (link below) on their
devices to initiate any call-in request. Further advice can be sought
from Democratic Services if required:
Scrutiny Call-In - Power Apps (secure)
Further information These decisions, where applicable, have been taken under The
Local Authorities (Executive Arrangements) (Meetings and Access
to Information) (England) Regulations 2012.
This is the formal notice by the Council of the above executive
decision, including links to the reports where applicable.
If you would like more information on this decision, please contact
Democratic Services on 01895 250636 or email:
democratic@hillingdon.gov.uk.
Circulation of this decision notice is to a variety of people including
Members of the Council, Corporate Directors, Officers, Group
Secretariats and the Public. Copies are also placed on the
Council’s website.
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