Plans & Provision

Personal budgets and direct payments: how do they work?

How a personal budget can be managed, and what a local authority can and can't refuse to fund.

A personal budget is an amount of money identified by a local authority to deliver part of the provision set out in a child's EHC plan. It can be requested when a plan is first being drawn up, or during an annual review of an existing one.

What are the ways a personal budget can be managed?

  1. A direct payment, where the money goes to the family, who arrange and pay for the support themselves
  2. A notional budget, where the local authority or school keeps managing it, but with more transparency about what it covers
  3. A third-party arrangement, where someone else manages it
  4. These can also be combined

Can a local authority refuse a personal budget?

Not every part of an EHC plan can be funded through a personal budget, and a local authority can refuse a direct payment specifically if it doesn't believe the funds will be managed appropriately.

How much is actually available?

How much is available depends entirely on what's written into the plan, so it varies from one family to another.

Working out whether a personal budget genuinely fits your family's situation, and what it would actually cover, is a decision worth understanding fully before requesting one. SEND Assistant helps you think through what a personal budget would mean in practice. Try SEND Assistant free.

Frequently asked questions

Can I switch from a notional budget to a direct payment later?

Yes, this can generally be requested and reviewed as circumstances change.

Do I have to account for how a direct payment is spent?

Yes, direct payments generally come with reporting requirements to the local authority.

Can a personal budget cover education provision as well as health or care?

Yes, depending on what's set out in the plan across its different sections.

What happens if I disagree with a refusal to grant a personal budget?

This can potentially be raised as part of a wider content appeal, depending on the specifics.

Is a personal budget the same amount every year?

Not necessarily, it depends on what's written into the plan, which can change at annual review.

This article is for general information only and does not constitute legal advice. Access to Justice is not a law firm and cannot represent you.

Access to Justice