Personal budget policy for children and young people aged 0 to 25 with special educational needs and their families

Personal budgets can only be made available to:

• the child’s parent
• the young person
• a person nominated in writing by the child’s parent or the young person.

Personal budgets may also only be made to a person who:

• appears to be capable of managing a personal budget without assistance or with such assistance as may be available to them
• is over compulsory school age
• does not lack capacity within the meaning of the Mental Capacity Act 2005 to consent to having a personal budget
• is not a person described in the Schedule to the Special Educational Needs (Personal Budgets) Regulations 2014.

At the end of compulsory schooling the responsibility for personal budgets will change from the parent to the young person unless:

• the young person lacks mental capacity
• the young person requests that the family manage the personal budget
• it appears that the young person is incapable of managing a personal budget without assistance or with such assistance as may be available to them.

Where a child is of compulsory school age (or lower), and/or where the child or young person lacks mental capacity, we will listen to the views of the child or young person and take them into account at all stages of the process.

We will also consider the wishes and the well-being of close family members of the child or young person.

For a child in a stable, long-term foster placement it may well be appropriate for the carer to take on the responsibility of managing a personal budget, but this will need careful case-by-case consideration.