Legal advice on fees for children with EHC plans placed by local authorities in special schoolsIn a time of high inflation and local authority budget constraints, most special schools are struggling to set fees at a level which reflects the cost of providing the service.

In December 2023, NASS took legal advice from counsel to better understand the law as it applies to the setting and payment of fees for children and young people with EHC plans who are placed in special schools. Section 63(2) gives schools the right to levy fees at a level of their choosing. Very few schools apply the law as it stands.

Our Public Law legal advice sets out this legal position in detail. We will be actively supporting NASS member schools to make practical use of this advice over the coming months.

Click here to read the Public Law legal advice in full.