25th April 2023 • My Family Our Needs

Last Updated: 10th May 2023

Section F of an EHCP plan is really important because it describes the special educational provision that your child needs to meet their SEN. It should detail what kind of provision they’ll need, as well as who will deliver it, and for how long. 

Lydia Dunford, an Associate Solicitor in the Special Educational Needs Team at Boyes Turner LLP, answers two frequently asked questions relating to Section F and provides links to a range of resources for further reading.

MFON:  We hear from parents/carers that Section F can be vague and doesn’t state the exact quantity of support that a young person should be receiving. Does Section F have to clearly specify the number of hours of support?

Lydia Dunford:  Section F of an EHCP is important because it sets out the special educational provision the child will receive. The LA is ultimately responsible for funding and delivering this provision, beyond what the school can provide through its resources.  

The provision therefore needs to be clear on what that support is. Otherwise, it would be difficult to check if the provision is happening as it is meant to be. This would make it hard to then check if the child is making the expected progress in line with their needs and abilities. 

Section F provision needs to be specific and unambiguous, factoring in any changes to the child’s needs that may require flexibility in their provision. Ideally, we would want to see this level of detail in Section F:

• What provision it is.
• If the support is 1:1 or in a group.
• If a group/with another pupil/s, do they have similar needs to the particular pupil? How many pupils/a maximum number?
• Staff: pupil ratio.
• The frequency and duration of direct provision – so, how often per day/week/month and for how long for each session.
• Who to oversee/deliver the provision, and what training/experience/qualifications do they need? “Staff member” or “Adults” are unlikely to be sufficient. 
• How will the provision be monitored/reviewed, and by who?
• Allocated time for staff training. 

Section F should set out the number of hours and type of provision, which the school needs to deliver. Difficulties arise when the provisions are vague, making them difficult to enforce.

If the school is not delivering provision in accordance the EHCP, then you should discuss it with them first:

• Is this because of a lack of detail/clarity in Section F? Look at requesting amendments/updates to Section F to make the provisions clearer as necessary. The time to put forward changes to an EHCP is at an Interim/Emergency/Annual Review. Note this may require expert evidence, depending on existing evidence.

• Is the provision sufficiently clear and specific, but the school does not have enough resources/funding? If so, then the issue needs to be raised with the LA (who are ultimately responsible). Consider a complaint to the LA, which should copy in the LA’s legal team. If the complaint remains unresolved, you could: 

• Complain to the Local Government Ombudsman – this is not a quick fix and remedies can be limited to smaller sums and/or apologies or changes to LA processes/training ordered/recommended; or

• Consider Judicial Review which is the threat of/proceeding to legal action against the LA. Outcomes can be the LA reinstates/begins to deliver the provisions missing/costs for provision parents may have had no choice but to fund privately. We would recommend seeking legal advice before considering this option. 

MFON: If a parent/carer is deciding on whether their child should start at a mainstream or specialist SEN school – is it the parents/carers responsibility to ensure that local authority funding meets the cost?

Lydia Dunford: It is not necessarily an issue if the hours of funding are detailed but this mustn’t be at the expense of clear, detailed and specified provision. Reference to xx no. of hours funds/monetary equivalent allocated is not the same as saying how much 1:1 support the child needs – this is the detail needed so provision can be delivered consistently and as required. 

Different types of schools will have different levels of resources/funding to start with, and the LA must make sure any gaps in the Section F provision are made up from their resources/funding.

Potential schools will be looking at the Section F provision in deciding if they can meet that child’s needs. Does the Section F provision detail support that a maintained mainstream setting simply could not provide? For example, small class sizes with a specified high staff: pupil ratio, onsite therapists etc. Having clear, up to date and specific written evidence to set out the recommends for Section F/comment on existing provisions is important here. 

If both a maintained mainstream and specialist setting (whether maintained, non-maintained or approved independent) can meet needs and deliver the Section F provision, the LA is likely to name the cheaper placement i.e., the maintained mainstream school. Parents could then mediate and/or an appeal the final EHCP (with current timetables taking up to one year to a final hearing date).

It is for LAs and schools to worry about the funding arrangements; as a parent, your focus needs to be on making sure the Section F provision covers everything it should do to meet all your child’s needs. If not, do you need to consider new/updated expert evidence? 

The LA is financially responsible for any provisions the school named cannot provide through their own resources – this is unless parents and LA have reached a different agreement. Sometimes agreements are made where parents preference placement is named in the EHCP based on, for example, parents funding towards school fees/transport/boarding etc. Such arrangements are not binding on parents, however, should their circumstances change. 

Further reading and resources 

Still have a question that needs answering? Visit Boyes Turner LLP’s website to read a range of resources. https://www.senexpertsolicitors.co.uk/site/news/btsenn_educationhealthcare_news/?id=556835&pa=1#556835

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