What can you do if your child's EHCP provision isn't being delivered?

If a school isn't delivering what's written in Section F of your child's EHC plan, that isn't a discretionary shortfall, it's a legal duty being unmet, and there's a clear escalation path for raising it.

Whose legal duty is it?

Under Section 42(2) of the Children and Families Act 2014, the local authority, not the school, has the statutory duty to secure the special educational provision specified in Section F. In practice the school usually delivers it day to day, but legal responsibility stays with the local authority throughout.

Does it matter how the provision is worded?

Yes, significantly. Provision that's specific and quantified, for example a set number of hours of a named therapy each week, is enforceable. Vague wording, phrases like "access to" or "would benefit from," is much harder to hold anyone to, because it doesn't say what should actually be happening. If this is the issue, an amendment or annual review is the route for changing how the provision is worded.

What's the escalation path?

1. Raise it directly with the school's SENCo. If that doesn't resolve it, complain in writing to the local authority, since it's the local authority that's ultimately responsible for securing Section F, not the school on its own. If the shortfall continues, judicial review is a route that specifically deals with a public body failing to meet a legal duty.

Does this apply to health and social care provision too?

Health provision in Section G and social care provision in Section H follow a different complaints route, generally through the relevant health body (an Integrated Care Board) or social care team directly, alongside keeping your SEND case officer informed.

Working out whether what's happening actually amounts to a breach of Section F, and how firmly worded your complaint needs to be, is exactly the kind of situation this gets used for. SEND Assistant helps you understand your position and put together a clear, evidence-based complaint. Try SEND Assistant free.

Frequently asked questions

Can I appeal to the SEND Tribunal if provision isn't being delivered?

Not directly, this specific problem isn't decided by the Tribunal, it's a different route, generally a complaint to the local authority followed by judicial review if it continues.

What counts as evidence that provision isn't happening?

Dated records of what's missing, communications with the school, and anything showing the gap between what the plan says and what's actually happening.

Is the school ever legally responsible instead of the local authority?

No, the legal duty under Section 42 sits with the local authority, even though schools usually deliver the provision in practice.

What if the provision is being delivered, just not as often as the plan says?

That's still a shortfall against what's legally specified, and the same escalation route applies.

Does staff absence excuse a school from delivering provision?

No, staffing or budget pressures aren't a lawful reason to reduce provision that's specified in an EHC plan without formally amending the plan itself.

This article is for general information only and does not constitute legal advice. Access to Justice is not a law firm and cannot represent you.