1. Why Section F matters more than any other section
An EHCP runs from Section A through Section K. Most parents spend their time on Section B (the needs). But the section that decides whether your child actually receives anything is Section F — the special educational provision.
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 word that matters is specified. The legal duty only attaches to provision that is actually pinned down in Section F. Anything left vague is, in practice, a wish rather than a duty — and councils know this when they draft.
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 "should normally be detailed and specific and should normally be quantified, for example, in terms of the type, hours and frequency of support and level of expertise."
- 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- Where it happens — in class, in a small group, withdrawn 1:1.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:
Weak — unenforceable
"Access to speech and language therapy as required."
Strong — enforceable
"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."
The strong version answers every question the LA might later ask itself when deciding whether it has met its duty.
5. Red-flag phrases to push back on
These phrases appear in thousands of draft plans. Each one sounds reasonable and means nothing legally:
- "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
- Compare F to B line by line. Every need in B should have at least one piece of provision in F that meets it.
- Highlight every vague phrase using the red-flag list above.
- Pull replacement wording from the EP report, the SaLT report, the OT report, and the school's own evidence.
- 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.
- 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 have 15 calendar days from the date the draft plan is sent to respond. That window is your single best chance to shape Section F before it becomes final.
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 is Section F more important than the other sections?
Because it is the only part of the EHCP the local authority has a legal duty to deliver. Under Section 42 of the Children and Families Act 2014 the LA must secure the special educational provision in Section F. Section B describes the need, but only Section F is the enforceable promise.
›What does 'specified and quantified' actually mean?
It is the legal test from the case L v Clarke and Somerset County Council [1998]: each piece of provision must say what it is, who delivers it, how often, for how long, and at what level. 'Access to speech and language therapy' is not specified or quantified. '30 minutes of 1:1 speech and language therapy, weekly during term time, delivered by a qualified SaLT registered with the HCPC' is.
›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. Reply in writing within 15 calendar days of the draft 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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