EHCP personal budget — prepare your Section J request with support | EHCP Clarity
Personal budget

EHCP personal budget request — get it ready with support

Section J records how personal budget funds are paid — as direct payments, a notional budget held by the local authority, or a third-party arrangement. Send what you have. A case professional prepares the document. You review it. You send it.

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What is your EHCP situation?

Tell us where you are. We match the document you need to send, then an assigned case professional prepares it. You review it. You send it.

What we prepare for this

Challenge to the plan · £449

Grounds or a letter when the plan, placement, provision or timescales are wrong.

  • The document you send
  • How to send it, and what to attach
  • One revision round of factual corrections

One case professional prepares and checks it. You review it. You send it.

Typically 5 working days after we have what we need.

Other documents: request letter £249 · appeal grounds £349 · challenge to the plan £449

Sample of a plan challenge · mock names
In Section F, the provision described as “access to adult support as required” and “regular speech and language therapy” does not say how much support [CHILD] will receive, or who will deliver it.

Read the full examples · What each price includes

Case preparation support only · Not legal advice or tribunal representation

Quick answer

Personal budgets allocate funds for elements of EHCP provision in Section F (education), G (health) and H (social care). The right to request is set out in section 49 CFA 2014 and the SEND Personal Budget Regulations 2014. Funds can be paid as direct payments to you, held by the local authority as a notional budget, or held by a third party. Cannot fund school fees. Common uses: specialist tutoring, therapy, equipment, parent training.

The legal basis for personal budgets

Section 49 of the Children and Families Act 2014 gives parents and young people aged 16+ the right to request a personal budget when an EHCP is being prepared, reviewed, or amended. The detail is in the Special Educational Needs (Personal Budgets) Regulations 2014, which set out who can request, what the local authority must consider, and how decisions must be communicated.

The SEND Code of Practice (Chapter 9, paragraphs 9.95-9.124) provides statutory guidance on personal budgets — covering eligibility, scope, the local authority's duty to provide information, and the process for direct payments.

Personal budgets reflect a policy aim to give families control over how SEN provision is delivered. Take-up varies widely between local authorities — some have well-developed frameworks; others are reluctant and offer little information unless pressed.

The three personal budget payment routes

Direct payments

Funds paid directly to the parent or young person. Family commissions and pays for provision. Requires local authority agreement, an agreed plan for use, and record-keeping. Maximum control but maximum responsibility.

Best for: families confident managing provision (booking tutors, paying invoices), discrete services with named providers.

Notional budget

Funds held by the local authority on behalf of the family. Family chooses provision; local authority pays providers directly. No money passes through family's accounts. Less administrative burden than direct payments.

Best for: families who want choice over providers but don't want financial admin.

Third-party arrangement

Funds held by an organisation (e.g. user-led organisation, broker, charity) on family's behalf. The third party manages payments and admin. Useful where direct payment is suitable but family lacks capacity to manage admin.

Best for: families wanting direct payment benefits without admin overhead.

What personal budgets can fund — and what they cannot

Personal budgets can fund:

  • Specialist 1:1 tutoring (e.g. dyslexia specialist, autism specialist)
  • Therapeutic input — counselling, psychotherapy, OT, SALT, music therapy
  • Equipment specified in Section F (e.g. assistive technology)
  • Training for parents in specific approaches (e.g. PDA, autism)
  • Short breaks and respite activities
  • Specialist outdoor education and forest school
  • Specific elements of social care provision in Section H
  • Independent advocacy or coaching

Personal budgets cannot fund:

  • School or college fees (placement is funded through the local authority naming the school in Section I)
  • Top-ups to school placements
  • Provision delivered as part of school's normal staff contract
  • Provision the local authority has a statutory duty to make in some other way (e.g. statutory NHS provision)
  • Items of general personal benefit not in the EHCP

What strong cases do next

  1. 1

    Identify which elements of provision are suitable

    Personal budgets work best for: discrete bookable services (tutoring, therapy), equipment, parent/family training, and short breaks. Less suitable for: continuous in-school support, education delivered by school staff.

  2. 2

    Cost the provision precisely

    Get quotes from named providers. The personal budget must be sufficient to deliver the provision specified in Section F/G/H. Without precise costing the local authority will struggle to set an appropriate amount.

  3. 3

    Submit the request in writing

    Write to the local authority SEND team requesting a personal budget for specified elements of provision. Reference section 49 CFA 2014 and the SEND Personal Budget Regulations 2014. Specify which payment route (direct payment, notional, third-party).

3 further steps when you submit or appeal — Requesting, appealing, and negotiating Section F are where most parents need help — that is what we prepare for you.

This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.

Match my situation →Get yours prepared — From £249

Personal budget request checklist

  • Identified specific elements of Section F/G/H suitable for personal budget
  • Costed provision with named providers and quotes
  • Decided on preferred payment route (direct payment, notional, third-party)
  • Written request to local authority referencing section 49 CFA 2014
  • Plan for managing direct payments if chosen (bank account, records)

2 more items depending on your case. Plus turning this evidence into one coherent pack an LA or tribunal takes seriously.

This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.

Match my situation →Get yours prepared — From £249

Common local authority pushbacks on personal budgets

  1. "We don't do direct payments for EHCPs" — wrong. Direct payments are a statutory option; local authorities cannot refuse the principle.
  2. "There is no policy for personal budgets" — local authorities must publish a personal budget policy under SEND regulations; if not, they are in breach.
  3. "You cannot use personal budget for tutoring" — tutoring is commonly funded through personal budget where it is part of Section F provision.
  4. "There is no money available" — funds for Section F provision are budgeted regardless; personal budget moves the same money to a different commissioning route.
  5. "Direct payments are too risky" — proper safeguards (agreed plan, records, reporting) manage risk; the local authority cannot refuse on this basis alone.

This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.

Match my situation →Get yours prepared — From £249

Frequently asked questions

England · SEND

What is a personal budget?
A personal budget is a sum of money allocated for elements of the special educational, health or social care provision in your child's EHCP. The budget appears in Section J of the EHCP. It can be paid as a direct payment to you, held by the local authority on your behalf (notional budget), or held by a third party (third-party arrangement).
Who can request a personal budget?
Any parent of a child with an EHCP, or a young person aged 16+ with an EHCP, has the right to request a personal budget. The local authority must consider the request and provide reasons if it refuses any element. The right to request is set out in section 49 of the Children and Families Act 2014 and the SEND Personal Budget Regulations 2014.
What can a personal budget cover?
Personal budgets can cover elements of provision in Section F (special educational), Section G (health), and Section H (social care). Common areas: specialist tutoring (e.g. dyslexia or autism specialist), therapeutic input (counselling, OT, SALT), short breaks, equipment, training for parents/staff, and life skills work.
Can a personal budget cover school fees?
No. Personal budgets cannot be used to fund a place at a school or college that is not named in Section I — including independent schools. Personal budgets fund elements of provision (specialist input, equipment), not the placement itself.
How much money is involved?
There is no minimum or maximum statutory amount. The amount reflects the cost of the specific provision in the EHCP that is being delivered through the personal budget. Some budgets are a few hundred pounds; others tens of thousands. The amount must be sufficient to deliver the specified provision.
What are direct payments?
Direct payments are personal budget funds paid directly to the parent or young person, who then commissions and pays for the provision themselves. Direct payments require local authority agreement and an agreed plan for how money will be spent. Records must be kept and money used only for the agreed purposes.
Can the local authority refuse a personal budget?
Yes, in some circumstances. The local authority must consider the request but can refuse where: the provision cannot be reasonably commissioned by the family, where it would be inefficient use of public funds, or where direct payments would not be appropriate. The local authority must give written reasons for refusal.
Can I appeal a personal budget refusal?
Section J (personal budget) is not directly appealable to the SEND Tribunal. However, refusals can be challenged through the local authority's complaints process and the Local Government and Social Care Ombudsman. If the underlying provision in Section F/G/H is wrong, that may be appealable on its own merit.

Related guides

Sources and further reading

  1. Children and Families Act 2014 — section 49 (personal budgets) — Statutory right to request personal budget
  2. Special Educational Needs (Personal Budgets) Regulations 2014 — Detailed regulatory framework
  3. SEND Code of Practice 2015 — Chapter 9, paragraphs 9.95-9.124 — Statutory guidance on personal budgets
  4. Council for Disabled Children — personal budgets resources — Practical guidance for families