What sections an EHCP has
An EHCP has sections A through K. The two most important for what your child actually receives are:
- Section B: your child's special educational needs (the description of what's going on).
- Section F: the special educational provision the council must arrange to meet the needs in Section B.
The other sections cover health needs (C, G), social care needs (D, F1, H1, H2), aspirations and outcomes (A and E), and the school placement (I). They matter for different reasons, but Section F is the one with the strongest legal force.
Why Section F is uniquely binding
Section 42(2) of the Children and Families Act 2014 places a duty on the local council to “secure” the special educational provision specified in the EHCP. The word secure matters: it means the council has to make the provision happen, by funding it, arranging it, or doing both. If the provision is in Section F, the council can't decline to provide it or wait until budget allows. If the provision is needed and they fail to provide it, that's a breach of duty enforceable in the High Court via judicial review.
Section B describes the needs but doesn't on its own oblige the council to do anything. The other sections cover health and social care, where the duties sit with the NHS and with social services and are framed differently. Only Section F carries the s.42(2) “must secure” duty in its full form.
This is why every conversation about an EHCP that matters operationally is really a conversation about Section F.
What makes a strong Section F
The SEND Code of Practice 2015 (paragraph 9.69) requires Section F provision to be “specific” and “normally quantified”. In practice that means:
- Named therapies, by name. “Speech and Language Therapy” is good; “SLT input as required” is not.
- Frequency. “Twice weekly” is good; “regular” is not.
- Duration. “30-minute sessions” is good; “appropriate length” is not.
- Who delivers it. “Delivered by a qualified Speech and Language Therapist” is good; “by appropriately trained staff” is not.
- Where and how. “1:1, in a quiet room” is good; “in an appropriate setting” is not.
Vague Section F is the most common ground of complaint at the SEND Tribunal. Words to watch for and challenge: access to, opportunities for, as appropriate, as required, regular, some support. Each is a council retaining discretion at the parent's expense; each can be replaced with a number, a frequency, or a named professional.
What makes a weak Section F
A Section F that says “Jamie will have access to small-group literacy support and opportunities for sensory regulation breaks” obliges the council to provide essentially nothing measurable. The council can claim compliance by saying group literacy was on offer; the breaks were available if Jamie chose them.
A Section F that says “Jamie will receive 30 minutes of 1:1 literacy intervention, three times per week, delivered by a qualified TA trained in the Toe-By-Toe programme, plus three 10-minute sensory breaks per day in the quiet room” obliges the council to fund and arrange exactly that.
The difference between the two versions is the difference between the council legally controlling the provision and the school informally trying its best.
What to do if your Section F is vague
If you're reading a draft EHCP and Section F contains access to, opportunities for, or as appropriate, you have 15 days from the draft to send back a written response. Use them. List each vague phrase and propose the specific version. Cite paragraph 9.69 of the SEND Code.
If the final plan still contains vague Section F, you can appeal it to the SEND Tribunal (within 2 months of the final plan). Most appeals on Section F vagueness result in the Tribunal directing the council to make the provision specific and quantified.
Where the law comes from
Related
This page is general information, not clinical or legal advice.