Terms and Conditions of Service
1. Purpose and Scope
These terms apply to all educational and sensory placements commissioned by Local Authorities (LAs), Schools, or Academy Trusts. By referring a child to The Rainbow Nest, the Commissioning Body accepts these terms in full.
1.2 Acceptance of Terms: These Terms and Conditions are available publicly via our website and are included in all placement offer correspondence. The act of a Commissioning Body (Local Authority or School) sending a child to attend The Rainbow Nest, or authorising the commencement of a placement, shall be deemed as full and irrevocable acceptance of these Terms and Conditions, including the notice periods and fee structures herein.
2. Statutory Alignment
The Rainbow Nest operates in accordance with the SEND Code of Practice (2015) and the Education Act 1996. Our primary focus is to provide the “suitable education” and “sensory regulation” mandated by a child’s Education, Health, and Care Plan (EHCP).
3. Stability and Continuity (Notice Periods)
3.1 Minimum Notice: To ensure the psychological safety of the children and the financial stability of the provision, a minimum notice period of six (6) weeks (or one full academic half-term) is required to terminate or reduce a placement.
3.2 Financial Liability: The Commissioning Body remains liable for all fees throughout the duration of the notice period, regardless of whether the child continues to attend.
3.3 Abrupt Termination: We do not recognise “administrative pauses” as valid grounds for the immediate cessation of funding. Sudden withdrawal of a child without a planned transition period is considered a breach of contract and a failure of the “Best Endeavors” duty toward the child’s wellbeing.
4. Quality Assurance and Site Visits
4.1 Right to Audit: We welcome and encourage SENCos and LA Quality Assurance officers to visit the setting.
4.2 Proportionality: In the event of a “concern,” the Commissioning Body agrees to follow a proportional response: a site visit and a formal “Review Meeting” must take place before any decision to suspend a placement is made.
4.3 Safeguarding: Immediate suspension of a placement is only permitted in the event of a verified, serious safeguarding risk. Unverified third-party claims do not constitute a “serious risk” until a formal investigation (e.g., LADO) has produced a finding.
5. Fees and Invoicing
5.1 Payment Terms: Invoices are issued and payable within 15 days.
5.2 Retainer: To hold a specialist place for a child with complex needs, the full daily rate is charged regardless of attendance (e.g., illness or family holidays), as staffing ratios and resources are fixed.
6. Regulatory Status and Educational Responsibility
6.1 Nature of Provision: The Rainbow Nest is a specialist Alternative Provision (AP) and sensory intervention setting. We are not a school, and we do not claim to provide a “broad and balanced” academic curriculum as defined by the Education Act.
6.2 Complementary Education: Our service is designed to complement, not replace, a child’s primary education. We focus specifically on SEMH support, sensory regulation, and ASD-specific interventions to enable a child to better access their main educational setting.
6.3 Duty of the Commissioning Body: It is the sole responsibility of the Commissioning Body (the Local Authority or the Home School) to ensure that the child is receiving a full-time, suitable education across their week. The Rainbow Nest will not accept a child for more than 18 hours per week, ensuring our operations remain fully compliant with Department for Education (DfE) guidelines for unregistered settings.
6.4 Dual Registration: Every child attending The Rainbow Nest must remain on the roll of a “School of Record” or be registered with the Local Authority as “Electively Home Educated” (EHE). We act as a partner provider, not the primary educational destination.
6.5 Placements Awaiting Specialist Schooling:
- A. Educational Oversight: In cases where a child has an EHCP and is awaiting a permanent specialist school placement (e.g., they are currently “Education Otherwise Than At School” or EOTAS), The Rainbow Nest acts solely as a Transitional Intervention.
- B. Limit of Service: We will provide support for a maximum of 15 hours per week to remain compliant with DfE registration limits.
- C. LA Responsibility: It is the statutory duty of the Local Authority to provide the remaining hours of the child’s “full-time” education through other means (e.g., home tutoring or online learning) while the specialist school search is ongoing.
- D. Non-School Status: The commissioning of a placement at The Rainbow Nest does not discharge the Local Authority’s duty to secure a named, registered school on the child’s EHCP.
Also refer to our Legal Status before commissioning a placement Legal Status & Alternative Provision Compliance