A local authority that maintains an EHC plan, or is securing the preparation of an EHC plan, for a child or young person must prepare a personal budget for him or her if asked to do so by the child's parent or the young person.
The authority prepares a "personal budget" for the child or young person if it identifies an amount as available to secure particular provision that is specified, or proposed to be specified, in the EHC plan, with a view to the child's parent or the young person being involved in securing the provision.
Regulations may make provision about personal budgets, in particular—
If the regulations include provision authorising direct payments, they must—
Special educational provision acquired by means of a direct payment made by a local authority is to be treated as having been secured by the authority in pursuance of its duty under section 42(2), subject to any prescribed conditions or exceptions.
Subsection (7) applies if—
The health care provision is to be treated as having been arranged by the commissioning body in pursuance of its duty under section 42(3) of this Act, subject to any prescribed conditions or exceptions.
"Commissioning body", in relation to any specified health care provision, means a body that is under a duty to arrange health care provision of that kind in respect of the child or young person.