The plan says your child gets the support. The school is not giving it. That gap is one of the most common and most exhausting problems SEN parents face, and it is also one where the law is firmly on your side.
Here is the key point, up front. The support listed in Section F of an Education, Health and Care plan (EHCP) is not a wish list or a target. It is a legal entitlement. The Local Authority has a duty to make sure it happens, and that duty does not go away just because the school is short-staffed, the budget is tight, or “it has been a difficult term”.
This guide explains who is responsible, why the wording of your plan matters, and the exact steps to take when the provision is not being delivered. It is information, not legal advice, so we will point you to free expert help where you need it.
Who is legally responsible for Section F?
Most parents are told, in effect, “talk to the school”. The school does deliver the day-to-day support. But the legal responsibility sits with your Local Authority, not the school.
This comes from Section 42 of the Children and Families Act 2014. The wording is short and strong:
“The Local Authority must secure the specified special educational provision for the child or young person.”
That word “must” matters. IPSEA, the specialist SEND law charity, describes this as an absolute duty. It cannot be watered down to “we will try our best”, and the Local Authority cannot pass the buck to the school. It is also non-delegable: even though a school usually delivers the support, the Local Authority stays on the hook for making sure it actually happens. If a school has tried but cannot put the provision in place, it is still the Local Authority’s job to make sure it does.
There is one narrow exception in the Act. The duty does not apply if you, as the parent, have made suitable alternative arrangements yourself. In plain terms, if you have chosen to arrange the provision privately and told the Local Authority, you cannot then ask them to fund it as well. For most families this does not apply, and the duty stands.
So if a school says “the Local Authority won’t fund it” and the Local Authority says “that’s down to the school”, both are wrong about where the duty sits. It sits with the Local Authority. Always.
You can read the law for yourself on legislation.gov.uk (Children and Families Act 2014, Section 42, checked 14 June 2026).
Why “specified and quantified” wording matters
Before you can enforce Section F, it helps to know whether your Section F is actually enforceable as written.
The SEND Code of Practice 2015 (the official statutory guidance Local Authorities must follow) says provision should be clearly described. At paragraph 9.69 it states that provision should 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”.
In plain words, good Section F wording tells you four things:
- What the support is (for example, speech and language therapy, or 1:1 teaching).
- Who provides it and at what level of skill (a qualified therapist, a trained teaching assistant).
- How much and how often (for example, “30 minutes, three times a week”).
- For how long, where relevant.
This matters because vague wording is hard to enforce. If your plan says your child will “have access to support as required” or “benefit from a programme”, it is almost impossible to prove a shortfall. If it says “two hours of specialist literacy teaching per week”, a missed session is a clear, countable breach.
If your Section F is woolly, that is a separate problem to fix, and the route is different (you appeal the content of the plan, see below). If your Section F is clear and it simply is not happening, you are in enforcement territory, and the steps below are for you.
Not sure how strong your plan really is? Our SEND Rights Quiz walks you through it in a few minutes and tells you where you stand.
Step by step: what to do when Section F is not delivered
Work through these in order. Keep every step calm, dated, and in writing. A paper trail is your strongest asset.
1. Get it in writing, then write to the Local Authority
First, gather the facts. Note exactly what is missing: which provision, how many sessions or hours, since when. If you can, ask the school in writing to confirm what is and is not being delivered.
Then email the Local Authority’s SEN team, not just the school. Phone calls vanish; emails do not. Quote Section F, state plainly what is not being delivered, and remind them this is their duty under Section 42 of the Children and Families Act 2014. Ask them to put the provision in place by a specific, reasonable date.
Keep the tone factual. You are not asking for a favour. You are asking them to meet a legal duty.
2. Raise it at the annual review
The annual review is the formal yearly check on the plan. If provision is not being delivered, raise it clearly and ask for it to be recorded in the review notes. Bring your dates and evidence.
If the wording of Section F is the real problem (too vague to enforce), you can also ask the Local Authority to bring the annual review forward to tighten it up. You do not have to wait twelve months.
A word of caution. The annual review is useful for getting the shortfall on record, but on its own it does not force delivery. Treat it as one part of the trail, not the whole solution.
3. Make a formal complaint to the Local Authority
If the support still is not in place, use the Local Authority’s formal complaints process. Mark it clearly as a formal complaint so it cannot be brushed off as a general query.
Set out the facts, the dates, the breach of the Section 42 duty, and what you want done. Most Local Authorities run a two-stage process for this type of complaint. Keep copies of everything, and note the date of their final response, because you will need it for the next step.
4. Take it to the Local Government and Social Care Ombudsman
If the Local Authority’s complaint process does not fix it, you can complain to the Local Government and Social Care Ombudsman (LGSCO). The Ombudsman is free and independent, and it can investigate a Local Authority’s failure to ensure a child receives the provision set out in their EHC plan.
Two things to know:
- You normally need to finish the Local Authority’s own complaints process first and have their final response before the Ombudsman will look at it.
- You should normally complain to the Ombudsman within 12 months of realising something went wrong.
If the Ombudsman finds fault, it can recommend the Local Authority put things right. Depending on the impact on your child, that can range from an apology through to a financial remedy. Details are on the Ombudsman website (checked 14 June 2026).
5. Judicial review (the legal backstop)
Where a Local Authority clearly fails its legal duty and nothing else has worked, judicial review is the route to the High Court. The threat of it often gets provision restored quickly, because the Local Authority knows it is on weak ground.
This is serious legal action and you should get specialist advice before going near it. The time limit is tight: a claim must be brought promptly and in any event within three months of the decision or failure you are challenging (Civil Procedure Rules, rule 54.5, justice.gov.uk, checked 14 June 2026). “Promptly” can mean sooner than three months, so do not sit on it.
The point that trips parents up: the SEND Tribunal does not police delivery
This is the single most important thing to understand, and it catches many families out.
The First-tier Tribunal (SEND) decides the content of an EHCP. If you disagree with what is written in Section B (your child’s needs) or Section F (the support), you can appeal to the Tribunal to change the wording, but only on a final plan, and within strict time limits.
What the Tribunal does not do is enforce a finalised plan. Once the plan is final, if the Local Authority simply is not delivering what Section F already says, that is not a Tribunal matter. You cannot appeal “they are not doing it”. Enforcement runs through the routes above: the Local Authority, the Ombudsman, and ultimately judicial review.
So the rule of thumb is simple:
- Wrong words in the plan? That is a Tribunal appeal (content).
- Right words, not being delivered? That is enforcement (complaint, Ombudsman, judicial review).
Getting this distinction right saves months of effort aimed at the wrong door.
A quick word on the 2026 reforms
You may have seen headlines about the government’s 2026 schools white paper and worries about EHCPs being replaced. Here is the calm version. Those proposals are at the consultation stage. The consultation closed on 18 May 2026 and the government has not yet decided what to take forward.
Nothing has changed in law yet. EHC plans remain fully legally enforceable today, and any major shift is years away. The government’s own guidance says no changes to the support given by EHCPs will begin before September 2030. Your child’s Section F rights are intact right now. We cover this in detail in our 2026 SEND reforms guide.
Where to get free, expert help
You do not have to do this alone, and you should not have to pay to enforce a legal right.
- IPSEA (ipsea.org.uk) gives free, legally based advice on EHCPs and enforcement.
- SENDIASS, your local SEND Information, Advice and Support Service, offers free impartial help and can support you through reviews and complaints.
- gov.uk sets out the official guidance on EHC plans.
If you would like one-to-one help to draft letters or build your case, you can also browse vetted independent specialists in our Find an Expert directory.
Frequently asked questions
Is the school or the Local Authority responsible if Section F is not delivered?
The Local Authority. Under Section 42 of the Children and Families Act 2014, the Local Authority “must secure the specified special educational provision”. The school usually delivers it day to day, but the legal duty to make sure it happens stays with the Local Authority. If either tells you it is the other’s problem, that does not change where the duty sits.
Can I take the Local Authority to the SEND Tribunal for not delivering provision?
No. The SEND Tribunal decides the content of a plan (what Section B and F should say) on appeal, and only for a final plan within the time limits. It does not enforce delivery once a plan is final. For non-delivery, use the Local Authority’s complaints process, then the Local Government and Social Care Ombudsman, and judicial review as a last resort.
What if my EHCP wording is too vague to enforce?
Vague wording is a content problem, not an enforcement one. Ask for an early annual review to make Section F “specified and quantified” (what support, who provides it, how much, how often), in line with the SEND Code of Practice. If the Local Authority will not improve the wording on a final plan, you can appeal the content to the SEND Tribunal.
How long do I have to act if I want to go to judicial review?
A judicial review claim must be brought promptly and in any event within three months of the failure you are challenging (Civil Procedure Rules 54.5). “Promptly” can mean sooner, so get specialist advice early rather than waiting.
Will the 2026 SEND reforms remove my child’s rights now?
No. The 2026 proposals are at consultation stage and are not law. EHC plans remain fully legally enforceable today, and the government’s own guidance says no changes to the support given by EHCPs will begin before September 2030. Your Section F rights stand right now.
Take the next step
You have the law on your side. Section F is an entitlement, the Local Authority must secure it, and there is a clear ladder you can climb when it is not happening.
Not sure how strong your case is or which step to take first? Take the free, two-minute SEND Rights Quiz. It tells you exactly where you stand and what to do next.
And if you would like expert help to enforce your plan properly, browse vetted specialists in our Find an Expert directory, or work through The SCOPE, our free guide to understanding and enforcing your child’s rights.
This article is information, not legal advice. For formal advice on your situation, contact IPSEA or your local SENDIASS.