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Ruth Canham-James

Apprentice with EHCP

Edited

Hello,

If we have an apprentice with an EHCP who doesn't want their employer to know, how do we code that in the ILR? We know we use LDM 362 for a Care Leaver who doesn't want their employer to know. ESFA rules say;

93.3.  Where the apprentice is aged between 19 and 24 years old, at the start of their apprenticeship (see paragraph 92.2), providers must obtain consent from the apprentice to inform their employer that they have an EHC plan or that they have been in the care of their local authority.

93.3.1 Where an apprentice does not want to inform their employer that they have an EHC plan or that they were previously in care, this must be reported in the ILR. This will generate the funding for the provider but not the employer. Providers must not apply or record the co-investment waiver (see paragraph 143) in the ILR. 

We asked the Service Desk, and they directly contradicted the above by saying;

The LDM362 is only used against EEF4.

 A learner that is 19-24 years old with an EHCP would not be recorded with LDM362. The employer would need to know about this to have a potential plan in place for health safety reasons.

I've asked them where that info came from (I can't think of any answer other then they just made it up).

Anyone else got any thoughts on how we could claim the additional provider payment for a 19-24 EHCP Apprentice without it triggering the employer payment or waiving co-investment if they're small? 

Obviously we'd strongly encourage the apprentice to let us tell their employer, but we can still provide support with telling the employer specifically that they have an EHCP.

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Martin West

On checking previous rules these did not include EHC plan in the equivalent to 93.3 and 93.3.1 so it could be an error in the current rules.

Ruth Canham-James

We did always have to seek consent to share EHC info. This from 21/22;

P120 Where these payments are for apprentices aged between 19 and 24 years old at the start of their apprenticeship (see paragraph P116.2), you must include consent from the apprentice to inform their employer that they have an EHC plan or that they have been in the care of their local authority and either: 

So the reply for the Service Desk is still absolutely wrong.

You're right that it said nothing about being able to code that in the ILR, so presumably we were previously just expected not to claim the provider additional payment? If they've made a special code for care leaver non-disclosure, it seems to make sense to do the same for EHCP.

Either way, they need to correct the rules, or tell us how to code a non-disclosure EHCP apprentice in the ILR.

Ruth Canham-James

They've come back and said we can use LDM 362 for this (even though it's labelled Care Leavers).

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