Letter: chase undelivered Section F

Send this when the support written in Section F of the final EHC plan is not actually being delivered. It puts the problem in writing and asks for it to be fixed.

The Local Authority has a legal duty to secure the special educational provision in Section F. If it is not happening, the Local Authority is in breach of that duty. This is enforced through the Local Authority’s complaints process, then the Local Government and Social Care Ombudsman, and in some cases judicial review. It is not fixed by appealing to the Tribunal again. A word on judicial review: do not attempt it without a SEND-competent or public-law solicitor. The time limit is strict, “promptly and within 3 months” of the decision or failure, and it can be shorter, so get advice early. This applies in England; check your nation if elsewhere. This is information, not legal advice.

Send this to the school and copy the Local Authority. Here is the template.

To: [SCHOOL SENCO / HEADTEACHER]. Copy to: [LA SEN TEAM]. Date: [DATE]. Dear [NAME].

Special educational provision not being delivered for [CHILD’S NAME]. Child’s name: [CHILD’S FULL NAME]. Date of birth: [DD/MM/YYYY]. EHC plan dated: [DATE OF FINAL PLAN].

[CHILD’S NAME] has a final EHC plan dated [DATE]. Some of the provision in Section F is not being delivered. I am writing to report this and ask for it to be put right. The provision that is not being delivered in full is: [WHAT SECTION F SAYS, e.g. weekly 1:1 speech and language therapy, 30 mins] against [WHAT IS ACTUALLY HAPPENING, e.g. none delivered since DATE]; and [WHAT SECTION F SAYS, e.g. 1:1 TA support for X hours per day] against [WHAT IS ACTUALLY HAPPENING, e.g. shared TA, often absent].

The effect on [CHILD’S NAME] is [DESCRIBE, e.g. they are becoming distressed and not making progress].

Please: 1. Confirm what is in place now and what is missing. 2. Tell me how and by when the full Section F provision will be delivered. 3. Confirm whether any missed provision will be made up.

I am sending a copy of this to the local authority. The local authority has a legal duty to secure the provision in Section F, so I am asking it to act as well as the school. If the provision is not put right, I will make a formal complaint and consider escalating to the Local Government and Social Care Ombudsman. Yours faithfully, [YOUR FULL NAME], parent of [CHILD’S NAME].