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An EHC plan is a legally binding document. If the school is not delivering what it specifies, that is not a difference of opinion, it is a failure to meet a legal duty.
This guide explains the legal framework and what you need to know. When you are ready to write the actual letter, SEN Letters UK generates it for you.
An Education, Health and Care plan is not a wish list. It is a legal document, and the special educational provision set out in Section F of the plan must be delivered. When a school fails to provide what the plan specifies, it is not exercising professional judgement, it is breaching a legal duty.
This distinction matters because many parents are told by schools that the provision described in the plan is aspirational, or that it will be delivered when resources allow, or that they are meeting the spirit of the plan even if not the letter. None of these positions is legally correct.
Under Section 42 of the Children and Families Act 2014, the local authority must secure the special educational provision specified in an EHC plan. Where a child is placed in a mainstream school, the local authority delegates delivery of the provision to the school, but the legal duty remains with the local authority. This is an important point: even though the school delivers the provision day to day, it is the local authority that is ultimately responsible for ensuring the plan is implemented.
The SEND Code of Practice 2015 reinforces this. It makes clear that schools must cooperate with the local authority in securing the provision in an EHC plan and that the headteacher or principal is responsible for ensuring that those in the school who will be working with the child are aware of the child's needs and the provision in the plan.
Start by reading Section F of your child's EHC plan carefully. This section specifies the special educational provision that must be made. Look for anything that is quantified, for example, "2 hours per week of specialist literacy support" or "daily sensory breaks supervised by a trained member of staff".
If the provision is quantified and it is not being delivered at the specified frequency, duration, or level, that is a clear breach. If the provision is described more vaguely, for example, "access to a quiet space when needed", the question becomes whether the child is actually able to access it in practice.
Keep a log. Note dates, what was and was not provided, and any communication with the school about it. This log is your evidence.
Write to the SENCO and headteacher. Set out specifically what provision is not being delivered, with reference to the relevant paragraph of Section F. Ask for a written response within 15 working days explaining when the provision will be fully implemented.
Be professional and factual. You are not accusing anyone of malice, you are documenting a gap between what the plan requires and what is happening.
If the school does not resolve the issue, write to the local authority's SEN team. Remind them of their duty under Section 42 of the Children and Families Act 2014 and request that they take action to ensure the plan is implemented. The local authority cannot simply say this is a matter for the school, the legal duty is theirs.
If neither the school nor the local authority resolves the issue, you can make a formal complaint to the school under its statutory complaints procedure and, separately, a complaint to the local authority. If those processes are exhausted without resolution, you can take the matter to the Local Government and Social Care Ombudsman.
The Ombudsman has the power to investigate, to find fault, and to recommend remedies including apologies, changes to practice, and financial compensation for the impact on the child's education.
Some parents are told that concerns about provision should wait until the annual review. This is not correct. If provision is not being delivered, that is a matter to raise immediately, not in six or twelve months. The annual review is for assessing whether the plan remains appropriate, not for flagging that the current plan is being ignored.
A clearly worded letter that identifies the specific provision not being delivered, references the legal duty, and requests a response within a set timeframe is the single most effective first step. SEN Letters UK generates letters specifically designed for this situation, professionally worded, legally referenced, and tailored to the details of your child's plan.
SEN Letters UK writes the letter for you, professionally worded, legally informed, tailored to your child's situation.
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