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What Section F of an EHCP must legally contain

Section F records the special educational provision the council must secure. Clear, evidence-based wording makes that duty easier to understand and enforce.

For a walkthrough of every section, see understanding your child's EHCP.

1. Why Section F matters

Section B describes special educational needs; Section F sets out the special educational provision to meet them. Read these together with the other sections.

That is because of Section 42 of the Children and Families Act 2014:

"The local authority must secure the specified special educational provision for the child or young person."

The duty applies to the provision specified in Section F. Clear, detailed wording helps families, settings and councils understand what must be secured and whether it has been delivered.

2. The law and case law behind Section F

Three sources sit behind every line of Section F:

  • Children and Families Act 2014, Section 37 and 42: the duty to issue an EHCP and to secure the provision in it (legislation.gov.uk).
  • SEND Code of Practice (2015), paragraph 9.69: provision must be detailed and specific and should normally be quantified. Check the type, amount and frequency of support and the expertise needed.
  • L v Clarke and Somerset County Council [1998]: the authority for the "specified and quantified" test that case law has applied for the last two decades.

3. What must be in Section F

Every need identified in Section B must have provision in Section F to meet it. If a need in B has no matching provision in F, the plan is defective.

For each piece of provision, the wording should specify:

  • What the intervention is (e.g. speech and language therapy, 1:1 support, sensory circuit).
  • How much — exact hours or minutes.
  • How often — daily, weekly, monthly; in term time or all year.
  • Who delivers it — qualified therapist, trained TA, class teacher.
  • What qualifications the person needs (e.g. HCPC-registered).
  • Where it happens — in class, in a small group, withdrawn 1:1.

Section F should also cover anything the school must do differently — adjustments to the environment, communication approaches, sensory strategies, transition planning. If it matters for education, it belongs in F.

4. Examples of strong wording

Compare these two versions of the same provision:

Vague wording — ask for clarification

"Access to speech and language therapy as required."

More specific example — adapt to the evidence

"30 minutes of direct 1:1 speech and language therapy every week during term time, delivered by a speech and language therapist registered with the Health and Care Professions Council, plus a written programme implemented daily by the class teaching assistant under the therapist's supervision and reviewed termly."

This illustrates more specific wording, not a recommended therapy programme. The provision and its amount must be supported by the individual evidence.

5. Red-flag phrases to push back on

These phrases may leave uncertainty. Read them in context and ask what support is actually promised; they are not automatically unlawful:

  • "Access to…"
  • "Opportunities for…"
  • "As required" / "as appropriate" / "as necessary"
  • "Regular" (without a frequency)
  • "Support from a trained adult" (without saying how much)
  • "Will be considered" / "will be encouraged to"
  • "Where appropriate"
  • "A range of strategies" (without listing them)

When you see one of these, reply to the case officer with specific replacement wording. Lift language from your child's EP report or therapy reports where possible — those become harder to dispute.

6. Therapy that should be in F, not C

A frequent dispute: the LA puts speech and language therapy (or OT, physio, etc.) in Section G (health provision) rather than Section F. That sounds neutral, but it strips away the Section 42 duty — the LA does not have a hard duty to deliver Section G in the same way.

The case law is clear. In Bromley LBC v SENT [1999] the Court of Appeal held that any therapy that educates or trains a child is special educational provision and belongs in Section F, regardless of who delivers it. If the therapy is needed for your child to access education, push to move it into F.

7. How to fix a weak Section F

  1. Compare F to B line by line. Every need in B should have at least one piece of provision in F that meets it.
  2. Highlight every vague phrase using the red-flag list above.
  3. Pull replacement wording from the EP report, the SaLT report, the OT report, and the school's own evidence.
  4. Send the LA a tracked-changes version of the draft plan with your proposed wording in a different colour. Ask for a meeting with the case officer.
  5. If the LA refuses to move, you can appeal the contents of the plan — including Section F — to the SEND Tribunal under Section 51 of the Children and Families Act 2014. See our SEND Tribunal guide.

You must be allowed at least 15 calendar days to comment on the draft. Check the stated response deadline and explain your proposed changes.

8. When the LA doesn't deliver Section F

A final EHCP is in place but the provision is not happening. That is a breach of the Section 42 duty. In order of escalation:

  • Write to the SEND case officer specifying which provision is missing.
  • Submit a Stage 1 corporate complaint to the council.
  • Complain to the Local Government and Social Care Ombudsman once the LA process is exhausted.
  • Get legal advice on judicial review for serious or sustained failure — IPSEA, Coram Children's Legal Centre, and SOSSEN offer free first-line advice.

If you suspect your council is also late on the timetable, see what to do when your council misses the 20-week deadline.

Frequently asked questions

›Why does Section F matter?

Section 42 requires the LA to secure the special educational provision specified in the plan. Health provision also has a statutory duty on the responsible commissioning body. Section F is important, but it is not the only part associated with enforceable duties. Section 42 includes an exception where suitable alternative arrangements have been made.

›What does 'specified and quantified' actually mean?

SEND Code paragraph 9.69 requires detailed, specific provision that should normally be quantified. Check the support, frequency, duration and required expertise against the evidence. Some flexibility may be appropriate; a vague phrase alone does not decide whether the whole plan is lawful.

›Can the LA refuse to specify provision because the budget is tight?

No. Cost can be one factor in choosing between options that all meet the child's needs, but it cannot be a reason to leave wording vague. The provision in Section F must meet the child's identified needs in Section B — that duty is not budget-dependent.

›What if Section F lists therapy that the NHS provides?

Therapy that 'educates or trains' a child is special educational provision and belongs in Section F, even if it is delivered by an NHS service. The leading case is Bromley LBC v SENT [1999]. If your child's speech and language therapy is needed for them to access education, it goes in F — and the LA is responsible for making sure it happens.

›Can I change Section F without going to tribunal?

Often, yes. The most common time to change Section F is when a draft plan is issued or at annual review. You must be allowed at least 15 calendar days to comment on the draft; reply by the stated deadline with the exact wording you want, and ask for a meeting with the case officer. If the LA still refuses, you can appeal Section F to the SEND Tribunal.

›What happens if the LA doesn't deliver what's in Section F?

That is a breach of Section 42 of the Children and Families Act 2014. Start with a written complaint to the LA, escalate to the Local Government and Social Care Ombudsman, and take legal advice on judicial review for serious or sustained failures.

Information, not legal advice. This guide summarises the law in England as of the date of publication and is written for parents, not lawyers. For free specialist advice on your child's case see IPSEA, SOSSEN, Coram Children's Legal Centre, or your local SENDIASS.

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