What to do when a school is not following an EHCP

If the special educational provision in Section F of an EHC plan is not being delivered, the local authority remains legally responsible for securing it. Start by recording the gap and raising it with the school, but write to the local authority as well.

This guide covers England and provides general information, not legal advice.

Check exactly what Section F requires

Use the final, current plan. For each missing item, record:

• the wording in Section F
• frequency, duration, group size and required expertise
• what was actually delivered
• dates when provision was missed
• the effect on education, attendance or progress

Distinguish a delivery failure from a disagreement about whether the plan is specific enough. A Tribunal appeal may address the content of a plan. It does not generally enforce provision that an existing plan already requires.

Who is responsible?

Section 42(2) of the Children and Families Act 2014 says the local authority must secure the special educational provision specified in the plan. The authority cannot avoid that duty simply because a school, therapist or commissioned service failed to deliver.

The school still has important responsibilities and will often organise daily support. If the school is named in Section I, section 43 normally requires it to admit the child. Health provision in Section G is generally the responsibility of the relevant commissioning body under section 42(3).

Raise the problem in writing

First write to the SENCO and headteacher. Copy the local authority EHC plan officer where appropriate. Keep the message factual:

1. Quote the relevant Section F wording.
2. List what has not happened and since when.
3. Attach a short evidence log.
4. Ask how missed provision will be restored.
5. Request a written response by a reasonable date.

A meeting can help, but follow it with written notes and agreed actions.

Escalate to the local authority

If provision is not restored promptly, write directly to the local authority. State that you are asking it to fulfil its section 42 duty. Ask for:

• immediate arrangements for delivery
• a plan for remedying missed support where appropriate
• the responsible officer and review date
• confirmation of any interim arrangements

If the response is inadequate, use the council's formal complaints process. Keep each complaint focused on the specified provision, the evidence of non-delivery and the remedy requested.

Ombudsman, Tribunal or court?

The route depends on the problem:

• Local Government and Social Care Ombudsman: can investigate local-authority fault such as delay or failure to secure provision, normally after the council has considered a complaint.
• SEND Tribunal: decides appealable issues such as assessment decisions and the contents of Sections B, F and I. It does not normally enforce day-to-day delivery or award compensation.
• Judicial review: may be relevant when a public body is acting unlawfully and urgent action is needed. Strict time limits apply, so seek specialist advice quickly.

The Ombudsman usually expects complaints within 12 months of becoming aware of the issue. It cannot normally investigate the internal management of a school itself.

Do not wait for the annual review

An annual review can consider whether the plan remains suitable, but it does not suspend the current plan or the duty to deliver Section F. Ask for an early review if needs or provision have materially changed, while continuing to pursue current delivery.

Keep one enforcement record

Store the current plan, provision log, emails, meeting notes, attendance information, invoices for replacement support and professional evidence in date order. A precise record is more useful than a large unstructured bundle.

Unisen helps families keep the EHCP, delivery evidence and actions in one workspace.

Explore the family workflow.