Reply To: Banding on draft EHCP

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    Not unlawful, but ultimately they are legally required to FULLY fund the support in section F. So if you are named, you can cost the provision required and they must pay this. Bit of case law to back this up (courtesy of the research of Garry Freeman): Hackney HC judgement 12th April 2019 Mr Justice Supperstone, point 39:
    “However, Mr XXXX submits, and I agree, there is nothing in CFA 2014 (or the 2014 Regulations or Code of Practice) which prevents local authorities from administering their High Needs SEN funding through a system of bandings. Provided the funding system secures the child’s overall SEN (Section F) provision in practice, it will not be unlawful.”