Employing TA for SEN child Help
Discussion
Evening folks. I'm in a bit of an odd situation and struggling a little to find advice.
I have a son who's nearly 4, has a diagnosis of autism as well as a serious genetic condition that affects his respiratory and dietary systems. He will in September be starting at the nursery in a fee paying prep school in England. He has been accepted on condition that he has one on one support which he will require. Grandparents have agreed to pay the salary of the support TA. The school have dictated that my ex wife and I are to be the employers of this TA and as such need to provide the contract of employment, pay the wages etc. I believe this stipulation is out of fear that the wages won't be stumped up and they'd be left to foot the bill.
We're happy to do this, but as neither of us have been employers before, it's a little daunting. I'm also uncertain as to whether this person would need to be classed as an employee, or if she would fall into a self employed category such as a sub contractor. She will only be working in the school environment, in school hours. My son will be the only pupil she will work with.The school will carry out the relevant DBS checks etc.
The main issues as I see it are the employment status, and obtaining the relevant insurance. As I understand it, employers liability insurance in this circumstance would be difficult to obtain, and the TA would be better holding personal liability insurance (which we'd happily pay for).
If anyone has personal experience of a similar circumstance, or has professional expertise in this area I'd be most grateful of some advice or signposting in the right direction.
I have a son who's nearly 4, has a diagnosis of autism as well as a serious genetic condition that affects his respiratory and dietary systems. He will in September be starting at the nursery in a fee paying prep school in England. He has been accepted on condition that he has one on one support which he will require. Grandparents have agreed to pay the salary of the support TA. The school have dictated that my ex wife and I are to be the employers of this TA and as such need to provide the contract of employment, pay the wages etc. I believe this stipulation is out of fear that the wages won't be stumped up and they'd be left to foot the bill.
We're happy to do this, but as neither of us have been employers before, it's a little daunting. I'm also uncertain as to whether this person would need to be classed as an employee, or if she would fall into a self employed category such as a sub contractor. She will only be working in the school environment, in school hours. My son will be the only pupil she will work with.The school will carry out the relevant DBS checks etc.
The main issues as I see it are the employment status, and obtaining the relevant insurance. As I understand it, employers liability insurance in this circumstance would be difficult to obtain, and the TA would be better holding personal liability insurance (which we'd happily pay for).
If anyone has personal experience of a similar circumstance, or has professional expertise in this area I'd be most grateful of some advice or signposting in the right direction.
I haven't been in this situation either, but I am familiar with the rules surrounding self-employment and sub-contractors.
It is unlikely that the TA could be classed as self-employed in these circumstances as they will be effectively working full-time for you, you'll be in control of their day to day duties (in liaison with the school) and they won't be in a position to offer the same "service" to anyone else.
If the school can carry out enhanced DBS and right to work checks, then that saves you the hassle. You'll need a contract of employment and simple payroll software. You'll also need to enrol them in a pension scheme. Look on the gov.uk website for details.
It is unlikely that the TA could be classed as self-employed in these circumstances as they will be effectively working full-time for you, you'll be in control of their day to day duties (in liaison with the school) and they won't be in a position to offer the same "service" to anyone else.
If the school can carry out enhanced DBS and right to work checks, then that saves you the hassle. You'll need a contract of employment and simple payroll software. You'll also need to enrol them in a pension scheme. Look on the gov.uk website for details.
You could use a service like https://www.nannytax.co.uk/ which will handle all of this for you. I've used this in the past.
I suspect the school do not want to be the employer because
1. As you say they take.the risk if you do not pay
2. They may end up with a TA they do not need or want when your child leaves.
1. Can be sorted by them effectively increasing your fees and follow the usual recourse for non payment
2. It is acceptable in TA world to have a named student contract, so when said child leaves the contract by default will cease.
Employing then directly would be a headache. As you would be responsible for all their training,HR and safeguarding compliance. amongst the technical stuff about payroll, tax, pensions.
How would you you cope if the TA needed to take maternity/paternity/sickness absence etc.
Good luck.
FG
1. As you say they take.the risk if you do not pay
2. They may end up with a TA they do not need or want when your child leaves.
1. Can be sorted by them effectively increasing your fees and follow the usual recourse for non payment
2. It is acceptable in TA world to have a named student contract, so when said child leaves the contract by default will cease.
Employing then directly would be a headache. As you would be responsible for all their training,HR and safeguarding compliance. amongst the technical stuff about payroll, tax, pensions.
How would you you cope if the TA needed to take maternity/paternity/sickness absence etc.
Good luck.
FG
I would also speak to sendias as it sounds like your son needs an EHCP. This will allow the school to access extra funding for them to spend your son.
https://www.kids.org.uk/sendiass
I would also be very careful about utilisation of your TA. It’s very common for designated 1-2-1 TAs to be given extra kids to cover on the sly.
https://www.kids.org.uk/sendiass
I would also be very careful about utilisation of your TA. It’s very common for designated 1-2-1 TAs to be given extra kids to cover on the sly.
Employing directly sounds like a potential massive headache. I used to work as a 1-1 TA and it is usual for the employment contract to be conditional on the pupil being in school and being funded. Very standard stuff that any school should be able to accommodate. Good luck, hope you find a solution
oldbanger said:
I would also be very careful about utilisation of your TA. It’s very common for designated 1-2-1 TAs to be given extra kids to cover on the sly.
I've found this too. I'm currently doing some private tutoring at a local school, was recruited by the child's mother, but paid for by the school under the pupil premium allowance. Now the school have requested an additional session for the child but with another child attending too. I don't have a problem with it, but that isn't the purpose of the pupil premium.Actually as we have discovered, PP+ is not ring fenced for the particular child. It merely has to be spent on something which directly or indirectly benefits at least one member of the PP+ cohort. So one child’s full time 1-2-1 can be paid for by using the PP+ funding for several other children (it’s £2300 per child). The only exception is for looked after children, as the LA retain the money and it doesn’t get paid to the school
ClaphamGT3 said:
I’m not sure that independent schools can access pupil premium
Only if the LA is funding the place - this is only for Looked After or previously Looked After Children. Here I mean Pupil Premium Plus. Normal Pupil Premium is for children of low waged parents. However they may receive funding for a child with an ECHP to cover anything that is specified in the plan, including 1-2-1 support
Edited to add IPSEA says they will revive funding only if they are named on the EHCP. https://www.ipsea.org.uk/faqs/my-child-attends-and...
Edited by oldbanger on Saturday 12th June 10:51
Edited by oldbanger on Saturday 12th June 10:54
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