# The Special Educational Needs (Personal Budgets) Regulations 2014, Regulation 11: Monitoring and review of direct payments


(1) The local authority must monitor the use of direct payments by the recipient.
(2) The local authority must review the making and use of direct payments—
(a) at least once within the first three months of direct payments being made; and
(b) when conducting a review or a re-assessment of an EHC plan under section 44 of the 2014 Act.
(3) When carrying out a review, a local authority must consider whether—
(a) it should continue to secure the agreed provision by means of direct payments;
(b) the direct payments have been used effectively;
(c) the amount of direct payments continues to be sufficient to secure the agreed provision;
(d) it is still satisfied as to the matters set out in regulation 6; and
(e) the recipient has complied with the conditions set out in regulation 8(3).
(4) A recipient may make a request for the local authority to review the making and use of direct payments and the local authority—
(a) must then consider whether to carry out a review; and
(b) if it decides to carry out a review, must consider the matters set out in paragraph (3).
(5) Following a review the local authority may —
(a) substitute the person receiving direct payments with a nominee, the child’s parent or the young person, as appropriate, where regulation 8 has been complied with in respect of that person;
(b) increase, maintain or reduce the amount of direct payments;
(c) require the recipient to comply with either or both of the following conditions—
(i) the person must not secure a service from a particular person,
(ii) the person must provide such information as the local authority considers necessary;
(d) stop making direct payments.

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Source: https://www.legislation.gov.uk/ukdsi/2014/9780111114056/regulation/11 (the official version)
Page: https://openlegislation.uk/draft-special-educational-needs-personal-budgets-regulations-2014/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.