Managing and using a personal budget
We will make available four mechanisms for the delivery of the personal budget.
The choice between these rests with the parents or young person.
- Direct payments – where the parents or young person receive the cash to contract, purchase and manage services themselves.
- Third party arrangements – where the funds are paid to and managed by an individual or organisation on behalf of the child’s parent or the young person.
- A notional arrangement – whereby the Council, a school or college holds the funds and commissions the support specified in the plan.
- A combination of the above.
We will provide unbiased information about organisations that may be able to provide advice and assistance to help parents and young people to make informed decisions about personal budgets.
If direct payments are selected we will draft an agreement to be entered by us and the recipient.
There are different agreements in Children Social Care and Adult Social Care.
The direct payments cannot commence until the agreement has been signed.
Where the recipient of the direct payments is proposed to be the parent, we will not make available the direct payments unless we're satisfied that the parent will act in the best interests of the child or young person and will abide by the terms of the agreement.
Receiving your direct payments
As part of the agreement, the recipient of the direct payments will be required to open a bank account into which the direct payments will be made.
For the funding of ongoing expenses, we will pay into this account on a 4-weekly basis in advance.
For the funding of one-off or irregular expenses, we will aim to pay the agreed into funds into the account during the four weeks preceding the expected date of the expense.
We will send clear information to the recipient of each amount paid into the account with an explanation of how the amount was calculated.
We will co-operate with schools and the Buckinghamshire, Oxfordshire and Berkshire West Integrated Care Board (BOB ICB) to standardise and simplify for the recipient the management of direct payments coming from multiple funding sources connected with EHCPs.
We will allow the use of the bank account for direct payments from the Council to also be used for other direct payments in connection with the EHCP.
Managing a direct payment
We will provide initial help in setting up the direct payments’ mechanism and ongoing help with its management.
However, if high levels of ongoing support are required from us it may be that the recipient is not capable of managing the direct payments, in which case we will step in as it is obliged to do by the regulations and will offer a notional arrangement in its place.
Reviewing direct payments
We will carry out a review of the making and use of the direct payments:
- at least once during the first three months.
- at the same time as each review or reassessment of the EHCP.
- whenever reasonably requested by the recipient.
- more frequently if required by future regulation.
When carrying out a review, we will consider whether:
- the amount of direct payments continues to be sufficient to secure the agreed provision;
- the direct payments have been used effectively;
- the recipient has complied with the conditions set out in the agreement with us, or
- there are any other reasons under this policy why the arrangements should be altered or terminated.
If a third-party arrangement is selected for all or part of the personal budget, the family or young person will be asked to nominate another person or organisation to manage the payments on behalf of the child or young person.
We will not agree to the third-party arrangement unless we're satisfied that the nominee will act in the best interests of the child or young person and will abide by the terms of the agreement.
We will produce an agreement to be entered by us and the nominee. The direct payments cannot commence until the agreement has been signed.
In all other aspects the third-party arrangement will follow the process set out in paragraphs above, with the nominee as the recipient.
If requested by the parents or young person, we will manage the personal budget on behalf of the child or young person.
We will not transfer the amount of the personal budget into a separate bank account but will keep an accounting record of how the money is spent from our general accounts.
We will offer an initial meeting with the parents or young person to discuss how the personal budget will be spent in accordance with the EHCP.
In notional arrangements we may account for a fractional share of a larger contract as being spent from the personal budget to secure services for the child or young person concerned. In this way the child or young person can benefit from the economies of scale and purchasing power of the Council.
Reviewing notional arrangements
We will provide a reconciliation of how the personal budget has been spent under the notional agreement every six months or at each review or reassessment of the EHCP if that is sooner.
We will not change the way that the personal budget is spent without agreement from the parents or young person.
The parents or young person can request a review of the way that the personal budget is being spent at any time. However we will not agree to any alterations that would result in the personal budget being spent in a way not in accordance with the EHCP plan, in a way that is not in compliance with any policy in this document, or in a way that breaks the law.
If we cannot agree on how the personal budget should be spent the notional arrangement will be terminated.
Personal Budgets from educational settings
We will work with settings to simplify the administration of personal budgets in education for both the recipient and for the setting.
If requested by the setting we will undertake the monitoring of direct payments or third party arrangements on behalf of the setting.
Where the funding for all or part of a direct payment or third party arrangement is to be provided from funds previously delegated to a setting we will agree to accept the funds back from the setting so that we can enter into the agreement to provide the direct payments or third party arrangement.
Such payment arrangements will be reviewed following every EHCP review and could be terminated at any time by either party.
Where the funding for a direct payment or third party arrangement is to be provided both from funds previously delegated to a setting and funds not yet delegated (for example, top-up funding) we will discuss with the setting concerned on a case-by-case basis.
In certain cases, this will involve us delegating the funds to the setting and the setting entering into the agreement to provide the direct payments or third party arrangement.
Personal budgets – post 16
Once a young person turns 16, we will take reasonable steps to ascertain whether the young person consents to a personal budget being made on their behalf.
Where the young person has notified us in writing that he or she wishes to receive a personal budget, we will agree unless doing so would be incompatible with any policy in this document.
Where the young person requests in writing that the Council continues to make payments to the young person’s parent or nominee, we will do so.
Where the young person notifies us in writing that they do not consent to the making of payments, we will stop payments.
Where we have taken reasonable steps to ascertain whether the young person consents to payments and the young person has not notified us that he or she consents to receive payments, then we will stop direct payments.