Can schools charge parents for one-to-one learning support?

A question we’re often asked by schools is whether they can charge parents for one-on-one learning support. The answer to this question requires careful consideration and will depend on the facts of each case.

Broadly speaking, independent schools will either:

• fund SEND provision from their own resources; and/or
• receive funds from the local authority for specific services identified in a pupil’s Education, Health and Care Plan (“EHCP”); and/or
• receive services from the local authority which are delivered in school (for example, a local authority funded speech and language therapist who comes into school for a set number of hours a week); and/or
• have arrangements with parents whereby they fund additional support.

Where the one-to-one provision forms part of a pupil’s EHCP, the local authority is responsible for funding this support. Under section 42 of the Children and Families Act 2014 it’s the duty of the local authority to secure all the provision identified in a pupil’s EHCP (including any school fees).

When considering whether to charge parents for any provision it’s important to remember that, where a pupil is disabled and the additional support is considered a reasonable adjustment, under the duty placed on schools by the Equality Act 2010, it’s unlawful for a school to pass the costs of this to the parents.

However, in some situations schools may be able to enter into an agreement with parents, where the school provide one-to-one learning support to a pupil and the parents cover the cost of this arrangement. This situation may arise where the parents have requested that one-to-one Learning Support Assistance (“LSA”) support is provided and the pupil does not have an EHCP, or the pupil has an EHCP which doesn’t specify one-to-one learning support. The latter is more unusual as we would expect that where a child requires one-to-one support, and this is not included in their EHCP, the school would take steps, i.e. to hold an emergency review of the EHCP, to ensure that it accurately reflects the pupil’s needs.

In these cases, provided the support is beyond that considered to be a reasonable adjustment, and as the local authority doesn’t have a duty to provide funding for one-to-one support not provided for in an EHCP, the costs may be borne by the parents.

The details of these arrangements will vary depending on the circumstances but could include the school employing an additional LSA, who would be an employee of the school but with all employment costs borne by the parents. Alternatively, it could involve an existing LSA increasing their working hours to offer the additional support, with the parents covering the cost of this.

We recently prepared a model ‘One-to-One Learning Support Assistant Contract of Employment’ and a model ‘Agreement to Payment of Learning Support Model Letter’ to assist schools in formalising such arrangements with parents and LSAs. The model letter, currently available on the ISBA Reference Library, is offered as guidance only to help schools document arrangements where parents assume responsibility for paying the costs of one-to-one LSA support for their child. Before using this model letter, schools may need to consult their own professional advisers.

If you have a query on SEND support in your school, please don’t hesitate to get in touch with our team.