Lesson 4.3

Provision not delivered

Reviewed June 2026 About 3 minutes to read

Information, not legal advice. Applies in England. Reviewed June 2026.

The support in Section F of a final plan is a legal entitlement, not a target. The Local Authority must secure it. When the plan says it but they are not doing it, there is a clear ladder you climb. The most important thing to know first: the SEND Tribunal does not enforce delivery.

Here is the simple rule. Wrong words in the plan? That is a tribunal appeal. Right words, not being delivered? That is enforcement, and that is this process. You cannot appeal “they are not doing it”, so do not lose time pointing the enforcement problem at the wrong door.

Before you start, check Section F is specific and quantified: what support, who provides it, how much, how often (SEND Code of Practice 2015, para 9.69). If it reads “two hours of specialist literacy teaching per week”, a missed session is a clear breach. If it is vague (“access to support as required”), that is a content problem and the route is to appeal the content instead.

The ladder. First, get it in writing and write to the Local Authority. Note exactly what is missing and since when. Ask the school to confirm in writing what is and is not being delivered, then email the Local Authority’s SEN team. Remind them of their duty under Section 42 of the Children and Families Act 2014 (the Local Authority “must secure” the provision) and ask for it in place by a specific date.

Next, raise it at the annual review and get it recorded. Then, if it is still not fixed, make a formal complaint to the Local Authority. Mark it clearly as a formal complaint, set out the dates and the breach, and note the date of their final response. You need it for the next rung.

Watch out
If you go to the Local Government and Social Care Ombudsman, you should normally complain within 12 months of realising something went wrong, and you normally need the Local Authority’s final response first. Keep every date. Delay also weakens the final backstop, judicial review, where the time limit is tight.

The Ombudsman is free and independent. If it finds fault, it can recommend the Local Authority put things right, from an apology to a financial remedy. It makes recommendations, not binding court orders.

If it still goes wrong. The final backstop is judicial review at the High Court. The time limit is “promptly and within 3 months” of the failure you are challenging, and “promptly” can mean sooner. This is serious legal action. Do not attempt it without a specialist SEND or public-law solicitor. If cost is a barrier, ask about legal aid and speak to IPSEA about your options.

Why this happens
If the school says “the Local Authority will not fund it” and the Local Authority says “that is down to the school”, both are wrong. The duty sits with the Local Authority, always. Put that in writing.

This covers the law in England only. It differs in Scotland, Wales and Northern Ireland, so check your nation if different. This is information to help you prepare, not legal advice.

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Important: This is general information, not legal advice, and it applies to England. SEN law, statutory timescales and guidance can change, and every child's situation is different. Check the current position, or take specialist advice, before you act. For free, independent support, contact IPSEA or your local SENDIASS. Last reviewed: June 2026.