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Enforcing An EHCP

  • Writer: Anna
    Anna
  • Dec 8, 2025
  • 3 min read

This article explains which parts of an EHCP must be provided, who is responsible for providing them, and what to do if provision in a plan is not being provided.


This article explains which parts of an EHCP must be provided, who is responsible for providing them and what to do if provision in a plan is not being provided.


Must the provision in an EHCP be provided?


Some sections of an EHCP are for information only and are not legally enforceable. An example is Section A. Other sections of an EHCP are legally enforceable. Section F is the key legally enforceable education section. It must set out all of the Special Educational Provision (SEP) required to meet the Special Educational Needs (SEN) set out in Section B. Your LA has a legal duty to provide all of the provisions detailed in Section F.



Who is responsible for making EHCP provision?


Your Local Authority (LA), not the school, has a statutory duty to ensure that all special educational provision in Section F of an EHCP is delivered.


Your local authority (LA) must make sure that all of the special educational provision specified in Section F of the EHC plan is delivered. This legal duty is set out in Section 42(2) of the Children and Families Act 2014.


In practice, the day-to-day delivery of Section F provision is usually delegated to the school; however, the legal responsibility to make sure it is delivered remains firmly with the LA.

The LA is legally responsible for ensuring that:


  • The school and college staff have the finances necessary for resources, training, and equipment;


  • Any therapies such as speech and language therapy, occupational therapy, physiotherapy, or the services provided by CAMHS (Child and Adolescent Mental Health Service) are delivered, if these provisions are in Section F.


There is no legal defence for failing to secure the special educational provision in an EHC plan. The LA must also ensure sufficient funding to secure the provision specified in Section F. Find our more about enforcing an EHCP here.



What does the law and case law say about the LAs duty to provide EHCP provision?


The LA:


  • Must ensure the provision is made from the date the EHC plan is issued.

    BA, R (on the application of) v Nottinghamshire County Council [2021] EWHC 1348 (Admin) | (IPSEA) Independent Provider of Special Education Advice


  • Cannot pass the duty on to another body (such as the health service or a school).

    R v London Borough of Harrow ex parte M [1997] ELR 62 | (IPSEA)


  • Must provide the provision set out in an EHCP, not something different.

    N v North Tyneside Council [2010] EWCA Civ 135 | (IPSEA)


  • Cannot use practical difficulties (including financial ones) as an excuse for not providing provision in an EHCP.

    R (LB) v Surrey County Council [2022] EWHC 772 (Admin) | (IPSEA)



What should you do if your child is not receiving the provision set out in their EHCP?


  1. Firstly, discuss any problems with your child's SENCo and headteacher. You might be able to find a quick solution with the school.


  2. If informal discussion with the school is not successful make a formal complaint to your LA (not school) - there is a clip in our YouTube channel to help with this



Failure to deliver the special educational provision in an EHC plan is a very serious matter. It may result in a child missing out on education altogether. But an EHPC is only legally enforceable if it is written lawfully and specifies all of your child's needs and all of the provision they require.


If you are having difficulties getting the support you need because the EHCP is not specific enough, you need to check your child's EHCP. Is it lawfully worded? Are all their needs specified? Is all the provision they require specified? Check out this blog for more information.


And once you have identified the changes needed to your child's EHCP, ask for an early annual review of the EHCP and use this process to improve the detail in Sections B and F.


If your LA decides not to amend the EHC plan following the annual review, or if you still feel the provision in the plan is not specific enough, you can appeal to the SEND Tribunal.



So where do I go from here?


If you require additional support, find out how Empowering Families of Children with SEND can help you here. 

 

If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there. 


Our YouTube channel has over 125 support videos. 

 

For more information about how Empowering Families can help you, email admin@empoweringSENDfamilies.co.uk  

 

And book a meeting with us here. 

 

We are, and always will be, Stronger Together. 

 

You can find testimonials to our bespoke services on our website and Facebook Business page here. 





 
 
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