Application for high level need funding - further education providers and specialist Post 16 institutions

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Notes of guidance updated October 2021.

A printable version of this guidance is available to download here.

Principles of funding of Element 3, Top-Up Funding for High Level Need

Principles of funding of Element 3, Top-Up Funding for High Level Need

The education or training provided supports the young person to acquire the skills required to achieve their outcomes as identified in their Education, Health and Care Assessment and Plan.

Funding will be considered where a young person has severe, complex and enduring special educational needs where Element 3 High Level Need resources are required to enable the young person to complete the identified programme of learning to achieve those outcomes.

When Staffordshire County Council allocates resources, this will be in addition to the provider utilising Element 1 and 2 funding allocated to them from the Education & Skills Funding Agency. The High Need Funding Guidance published by Education and Skills Funding Agency for the appropriate year should be referred to.

Providers are expected to work with other support services and providers to identify the most cost effective method of delivering the support required. 

Funding will follow the individual learner, therefore, should a learner cease their learning programme, the provider must notify ‘the Council’ (SENDAPS and S&E Team) within timescales set out in the Colleges High Needs Agreement - 2 weeks of the leaving date in order for contracts and payments to be amended accordingly.

Where learners are no longer resident in Staffordshire, all appropriate information will be transferred to the new responsible Local Authority and a variation made to any contract. 

All costs for support are required to be appropriately evidenced and available for audit by the Local Authority.

Supporting services and guidance

Information on the transition support provided by our Sensory and Autism Outreach Teams can be found here: -

Where a young person has sensory needs our Sensory Team offer equipment rental and other services to providers within the county – please see further details at link below:-

ASSIST provides support for people over 16 years of age who have hearing or vision loss, are deafblind, or who have an autism spectrum condition that can be purchased by a Post 16 education provider.

Guidance on supporting the needs of children and young people with physical need or disability – includes information regarding equipment 

The section entitled Access Funding for Specialist Equipment - Staffordshire County Council Specialist Equipment Pathway (Not Sensory) in particular, provides information on how equipment can be sourced cost effectively provided an appropriate physio/OT has made recommendations. Consideration should always be given as to whether equipment funded by Staffordshire County Council can be transferred for use by the new education provider. 

Top up Funding Process for New Learners

The SEND Key Worker will review a young person’s Education Health and Care Plan or as a result of an Education Health and Care Needs Assessment issue a new Education Health and Care Plan and will consult with the nearest appropriate providers along with those that the young person/parents have expressed a preference for. 

When requested the Provider will ascertain if an appropriate programme can be offered to the young person to support the achievement of identified outcomes to help them to reach their goals/aspirations and to meet their Special Educational Need.  The provider records this on the Formal Consultation Report Form and the costs of providing support for the programme are detailed on the Funding Appendix.

The Provider will supply a copy of the Formal Consultation Report and Funding Appendix to the SEND Key Worker within the specified timescales. On review of this the SEND Decision Making Group will agree which provider to be named in the Education Health and Care Plan and agree funding levels and a final plan is issued.  Consulted providers will be advised accordingly.

Where a provider has offered a place to a young person where it is felt that high needs support is required and they are not named in the Education Health and Care Plan, the provider should contact the SEND Key Worker - to advise of the offer of a place.

Top Up Funding Process for Continued Learners

Having identified which learners will be progressing to a further programme in the following academic year, providers should update the New and Continuing Learners Forms (which will be supplied to all providers) advising of the programme that will be followed and whether support costs will remain the same.

Funding Agreements

The Skills and Employability Team review the funding appendices and make any queries they feel necessary of the provider.  

Funding Agreements are drafted and issued when queries have been resolved, the preference being for this to happen between June and September, but it is recognised that often Further Education colleges prefer to use the first half term to determine class sizes and that support is appropriate before finalising costs.  There is a requirement to provide termly attendance information for High Need Students, along with information on progress, outcomes and destinations. 

Payments will be made on a termly in advance basis, unless otherwise agreed with a provider in at commencement of Autumn, Spring and Summer term on receipt of a signed funding agreement, invoice and attendance returns for the previous term.

A reconciliation exercise will be undertaken at the end of the academic year to allow for amendments to the actual costs to be considered and information submitted on outcomes, destinations and confirmation that annual reviews due have been undertaken.

Keeping in touch

Termly meetings are held with providers with more significant numbers of learners.  Topics for discussion at each are:

 

Autumn

  • Finalising High Need learners for current year
  • Advising of any prospective learners for next academic year
  • Any issues with current learners
  • Identification of those learners approaching 25

Spring

  • Any issues with current learners, including attendance
  • Advising of prospective learners for next academic year
  • Progress with annual reviews

Summer

  • New applicants for following year.
  • Any issues with current learners.
  • Those progressing to another programme in following year.
  • Learners likely to be leaving provider at end of academic year
Flowchart - identifying the associated actions for the local authority teams and education providers

A flowchart of the process can be downloaded here.

Learners new to institution

EHCP Needs Assessment

  • Where applicable draft EHCP produced
  • Consultation with providers
  • Provider response to SENDAPS on Consultation Response and Costing Forms.
  • Decision Making Group name provider and issue final EHCP
  • Skills and Employability
  • Team Review Costs and make any queries with provider
  • Funding Agreement Issued
    • Provider advises Host Local Authority of total High Need learners for each Local Authority
      • Host Local Authority agree any additional funding due to provider exceeding E2 allocation.
    • Invoices submitted with attendance records for previous term.
      • Invoices paid.  Discuss action for those with poor attendance.
    • Variations to contract made for starts/leavers
      • Provider completes Reconciliation form
      • Review reconciliation form and make payment adjustments where necessary.

Annual Review undertaken

  • Amended draft EHCP produced where necessary.
  • Consultation with providers
  • Provider response to SENDAPS on Consultation Response and Costing forms
  • Decision Making Group name provider and issue final EHCP
  • Skills and Employability Team Review Costs and make any queries with provider
  • Funding Agreement Issued
    • Provider advises Host Local Authority of total High Need learners for each Local Authority
      • Host Local Authority agree any additional funding due to provider exceeding E2 allocation.
    • Invoices submitted with attendance records for previous term.
      • Invoices paid.  Discuss action for those with poor attendance.
    • Variations to contract made for starts/leavers
      • Provider completes Reconciliation form
      • Review reconciliation form and make payment adjustments where necessary.

Annual Review undertaken

  • Amended draft EHCP produced where necessary.
  • Consultation with providers
  • Provider response to SENDAPS on Consultation Response and Costing forms
  • Decision Making Group name provider and issue final EHCP
  • Skills and Employability Team Review Costs and make any queries with provider
  • Funding Agreement Issued
    • Provider advises Host Local Authority of total High Need learners for each Local Authority
      • Host Local Authority agree any additional funding due to provider exceeding E2 allocation.
    • Invoices submitted with attendance records for previous term.
      • Invoices paid.  Discuss action for those with poor attendance.
    • Variations to contract made for starts/leavers
      • Provider completes Reconciliation form
      • Review reconciliation form and make payment adjustments where necessary.

Direct application from learner where no consultation received

  • Contact SENDAPS to request a copy of EHCP and consultatoin.
  • Consultation with providers
  • Provider response to SENDAPS on Consultation Response and Costings Forms
  • Decision Making Group name provider and issue final EHCP.
  • Skills and Employability Team review costs and make any queries with provider
  • Funding Agreement Issued
    • Provider advises Host Local Authority of total High Need learners for each Local Authority
      • Host Local Authority agree any additional funding due to provider exceeding E2 allocation.
    • Invoices submitted with attendance records for previous term.
      • Invoices paid.  Discuss action for those with poor attendance.
    • Variations to contract made for starts/leavers
      • Provider completes Reconciliation form
      • Review reconciliation form and make payment adjustments where necessary.

Continuing Learners at institution

  • Annual Review undertaken
  • Closure of plan where appropriate or
  • Amended draft EHCP produced where necessary
  • Provider undertake transition reviews for progressing learners
    • Provider inform SENDAPS of learners expected to leave or
      • Closure of plan where appropriate or
      • Consultation with providers
        • Providers reponse to SENDAPS on Consultation Response and Costing forms
          • Decision Making Group name provider and issue final EHCP.
          • Skills and Employability Team review costs and make any queries with provider
    • Provider inform Skills and Employability Team of continuing learners and any chane in costs.
    • Funding Agreement Issued
    • Provider advises Host Local Authority of total High Need learners for each Local Authority
      • Host Local Authority agree any additional funding due to provider exceeding E2 allocation.
    • Invoices submitted with attendance records for previous term.
      • Invoices paid.  Discuss action for those with poor attendance.
    • Variations to contract made for starts/leavers
      • Provider completes Reconciliation form
      • Review reconciliation form and make payment adjustments where necessary.
Please read these additional notes of guidance before requesting high need funding

Please note that where Staffordshire County Council allocates resources, this will be in addition to the provider utilising Element 1 and 2 of the High Needs Funding allocated to them from the Education and Skills Funding Agency.

Providers should ensure that only those learners where a contract for Element 3 has been issued by the local authority are included as High Need Learners in the ILR record.

Information contained in any requests should be evidenced by information that can be obtained from the providers’ own records or that of previous education establishments or associated professionals working with the young person. 

 Levels of support should in most cases be identified via the Education, Health and Care Plan.  Any support provided where additional funding is being requested should be evidenced by information from the providers application of the graduated response toolkit - Plan, Do, Assess, Review or from specialist support services.

Staffordshire County Council will review funding requests against needs identified within Education, Health and Care Plans and advise of any queries as a result.

Funding Appendix

In order to provide the support identified in the Formal Consultation Report please indicate the type of support that will be required, the level of support (usually in hours, with staff/student ratios), the duration for which it is proposed and the estimated cost.  

We accept that the cost of support staff will include on costs, however all costs related to the programme delivered, i.e. premises, usual equipment required as part of programme, management costs, accreditation and examination costs are expected to be included with the programme element (Element 1) of funding provided by the Education Skills Funding Agency.

If awarded funding is not being used to support the individual pupil for whom it was given and at the level agreed, then funding will be withdrawn retrospectively and with immediate effect.  It is expected that any reduction in the cost of providing support is notified to the Skills and Employability Team.  A reconciliation exercise will be undertaken at the end of the academic year.

 A contribution towards the total cost of support will be required from the providers Element 2 funding provided by the Education Funding Agency and so the form automatically deducts a contribution of £6,000 from the total costs.

If the providers data management system is able to produce a report with the information required on this form included then this will be acceptable provided it includes all the information in the form.

Where a provider submits the total costs of a programme and support, a deduction for Element 1 and 2 funding provided by the Education & Skills Funding Agency will be made to the cost.

Where a continuing learner’s support costs have changed for the next academic year please submit an updated Funding Appendix alongside the Continuing Learners Form

Quick Reference - information required

For new starters:

  • If not named in EHCP or don’t have a copy, contact the relevant district team
  • Consultation and costs form should be submitted to SEND Keyworkers within timescales

Changes in levels of support required due to change in young persons needs:

  • Call an early annual review, inviting all relevant parties, ensure that evidence to support the change in needs is submitted alongside Annual Review report
  • Advise Skills & Employability Team of any change in costs if changes made to Education Health and Care Plan

Changes in support levels not associated with above following contracting:

  • Advise Skills & Employability Team providing details of and reasons for change

For continuing learners:

  • Advise Skills & Employability Team at Termly meetings
  • Provide details on New and Continuing Learners Form
  • Where change in costs provide updated Funding Appendix
Contact details

Please ensure that all personal information regarding learners is uploaded to sharepoint (where you have access) or encrypted before sending via email to the Skills & Employability or SEND Assessment and Planning Service.

Should you have any questions with regard to the process please do not hesitate to get in touch with the Skills and Employability Team via the team email address: sfl@staffordshire.gov.uk 

Post 16 High Needs Process - August

S&E Team

Education Provider

SEND Team

DfE

Update budget monitoring sheet

Submit Funding requests for continuing learners if costs have changed from current year

Ensure provider is registered with DfE

 

Prepare achievement and destination data and update SEMT Contract Tracker

New EHCP applications to be submitted to the LA following family conversations commence for following academic year intake (these consultations with providers continue until end March following year deadline). Once the college is named on the plan an application can be made to college with the chosen pathway.
The college responds to consultations within 15 days, to include confirmation of place funding and top up funding required.
This is continuous until end of the following March for September starts.

To respond to college within 15 days after review with outcome decided

 

Record contract information into data capture systems

Before August Bank Holiday (A Level/BTEC Results and GCSE Results day)

 

 

Collate, analyse and sign off reconciliation

 

 

 

Prepare contracts and attendance forms based on information from providers for continuing learners

 

 

 

September

S&E Team

Education Provider

SEND Team

DfE

Update budget monitoring sheet

Submit request of support costs for new learners to S&E Team

Ensure provider is registered with DfE

High needs funding operational guide for following year issued to LA's and Providers

Register receipt of Invoices and Attendance forms

Submit Term 1 invoice to S&E Team

To respond to college within 15 days after review with outcome decided

Final data used to adjust LA Dedicated School Grant allocations for next financial and academic years.

Inform providers the High Needs Funding Operational Guidance has been released

Learners start placement

 

Commence process for learners with EHCP's approaching 25

 

 

October

S&E Team

Education Provider

SEND Team

DfE

Update budget monitoring sheet

Submit current learner numbers with estimate to those continuing the following year for each LA to the S&E Team for Place Change adjustments

Ensure provider is registered with DfE

Following year high needs place change notification technical note published and workbook issued to LA's

Termly Meeting

Termly Meeting

Termly Meeting

 

Feedback to the education provider on the costs requested for support

To respond to college within 15 days after review with outcome decided

 

Host LA to contact other LA's where learners have been named for place change for the following year

 

Consider plans for CTM for learners approaching 25

 

Complete contract variation where changes, new learners etc

 

 

 

Authorise Term 1 invoice for payment

 

 

 

Update financial reports showing academic and financial year commitments

 

 

 

November

S&E Team

Education Provider

SEND Assessment Team

DfE

Update budget monitoring sheet

Providers continue monthly monitoring and commencement of annual reviews for EHCPs to ensure progression and impact with any step up or step down to funding sent to the LA based on any changes to the plans or withdrawals

Ensure provider is registered with DfE

Receive place change information for the following year from LA's

Submit Place Change information to ESFA

To respond to college within 15 days after review with outcome decided

 

Prepare contracts and attendance forms based on information from providers

 

 

 

Complete contract variation where there are changes, new learners etc

 

 

 

December

S&E Team

Education Provider

SEND Assessment Team

DfE 

Update budget monitoring sheet

Complete ILR R04 - The number of learners returned will inform the following year lagged funding. At this point the providers will reconfirm the exact numbers of high needs learners who have met the qualifying period and the in-year costs of supporting these learners based on an agreed methodology.

Ensure provider is registered with DfE

 

DfE / ESFA release initial DSG allocations

Advise Host LA of number of High Needs Learners agreed for each LA

To respond to college within 15 days after review with outcome decided

 

January

S&E Team

Education Provider

SEND Assessment Team

DfE

Register receipt of Invoices and Attendance forms

Submit Term 1 attendance with Term 2 invoice to S&E Team

Ensure provider is registered with DfE

Following years high needs place change notification outcomes published on GOV.UK, including a two week 'enquiry window' for LA's and providers to raise significant issues

Update budget monitoring sheet

Submit ILR return correctly ensuring all HN fields are completed correctly so Import/Export adjustments are correct for following year

To respond to college within 15 days after review with outcome decided

 

Complete contract variation where changes, new learners etc

Providers return ILR data to ESFA detailing numbers of learners in cohort that are HNS.
School Census and R06 returns

 

 

Host LA contract for any eligible Element 2’s over the allocation

 

 

February

S&E Team

Education Provider

SEND Assessment Team

DfE

Update financial reports showing academic and financial year commitments

Provider completes ILR R06 to be used for import/export calculations

Ensure provider is registered with DfE

 

Termly Meeting

Termly Meeting

Termly Meeting

 

Update budget monitoring sheet

 

SEND 2 Return to DfE on activity for EHCP learners

 

Authorise Term 2 invoice for payment, ensuring attendance for Term 1 has been received

 

To respond to college within 15 days after review with outcome decided

 

March

S&E Team

Education Provider

SEND Assessment Team

DfE

Update budget monitoring sheet

Ensure provider is registered with DfE

Following year's high needs allocations issued to FE institutions, free schools, academies, non maintained special schools (NMSS), SPI's and ILPs.

Complete contract variation where there are changes, new learners etc

 

Deadline for naming Placement in EHCP for changes of setting/Phase transfer.

Following year DSG update, to reflect the outcome of the place change notification process in high needs place deductions (DSG allocations updated termly for in-year academy conversions)

 

 

To respond to college within 15 days after review with outcome decided

Publication of following years high needs place numbers at institution level

 

 

LA deadline for consultations for Education, Health and Care (EHC) plans for transfers of setting

 

April

S&E Team

Education Providers

SEND Assessment Team

DfE

Update budget monitoring sheet

Providers complete transition reviews for progressing learners and ensure all annual reviews are complete with impact of actions in the plan. Also tasters days planned for next programme of study and/or transition

Ensure provider is registered with DfE

 

Run school changes Y11+ Capita report to identify EHC learners moving to FE provision.    (All learners need base and start date adding when agreed for report to work)

 

 

 

Send out continuing and potential learners request to providers

 

To respond to college within 15 days after review with outcome decided

 

Register receipt of Invoices and Attendance forms and follow process

 

 

 

May

S&E Team

Education Provider

SEND Assessment Team

DfE

Update budget monitoring sheet

Inform S&E Team of learners continuing to next academic year

Ensure provider is registered with DfE

Further following year DSG updates to reflect final institution level allocation decisions and import and export adjustments

Register receipt of Invoices and Attendance forms

Providers complete transition reviews for progressing learners and ensure all annual reviews are complete with impact of actions in the plan. Also tasters days planned for next programme of study and/or transition

To respond to college within 15 days after review with outcome decided

 

Update financial reports showing academic and financial year commitments

Submit Term 2 attendance with Term 3 to S&E Team

 

 

Complete contract variation where there are changes, new learners etc

Submit new and continuing learner forms to S&E team

 

 

June

S&E Team

Education Provider

SEND Assessment Team

DfE

Termly Meeting

Termly Meeting

Termly Meeting

Import/Export Adjustment Data issued by ESFA. No ability to change submitted data if incorrect

Authorise Term 3 invoice for payment, ensuring attendance for Term 2 has been received

Providers complete transition reviews for progressing learners and ensure all annual reviews are complete with impact of actions in the plan. Also tasters days planned for next programme of study and/or transition

Ensure provider is registered with DfE

 

Update budget monitoring sheet

Prepare for audit by S&E Team

To respond to college within 15 days after review with outcome decided

 

Prepare and send out reconciliation forms for current years contracts

Update new and continuing learner forms

 

 

Send out invite for audit to selceted providers

 

 

 

July

S&E Team

Education Provider

SEND Assessment Team

DfE

Update budget monitoring sheet

Submit final reconciliation including Term 3 attendance and the whole years attendance to demonstrate that funding received has been utilised for the purpose of high needs support. This will also inform future funding discussions.

Ensure provider is registered with DfE

 

Register receipt of reconciliation forms and Attendance forms

Prepare for audit by S&E Team

To respond to college within 15 days after review with outcome decided

 

Record contract information into data capture systems

Update new and continuing learner forms

 

 

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