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Legal & statutory

Section B (EHCP)

Written by Priya Shah, SEND Solicitor (SRA-regulated, IPSEA-trained), judicial-review qualified

Definition

Section B is the section of an EHCP describing the child's special educational needs, as required by regulation 12(1)(b) of the SEND Regulations 2014 and the SEND Code of Practice 9.69. Section B must be specific and detailed. It sets the bar for what the provision in Section F must then address.

In context for parents

Key checkpoints

  • Section B describes the child's special educational needs, required by SEND Regulations 2014, regulation 12(1)(b).
  • SEND Code of Practice 9.69: Section B must be specific and detailed.
  • Every need named in Section B must have provision named in Section F.
  • A strong Section B reads like a clinical formulation, not a school report.
  • Section B must set out all the child's SEN identified during assessment (Code 9.69), not only those flagged by school.

The legal principle is straightforward: every need named in Section B must have provision named in Section F. If a need is missing from Section B, the LA is not required to make provision for it. This makes Section B the single most important section to get right at draft stage.

A strong Section B reads like a clinical formulation, not a school report. It names the diagnosis where there is one (autism with PDA profile; DLD; sensory processing differences across the auditory and tactile systems; working memory at the 1st centile). It names the functional impact of each need (cannot follow more than two-step verbal instructions without visual support; requires advance preparation for transitions; experiences sensory overload in dining hall environments). It draws on the EP, SaLT, OT, paediatric, and parent advice gathered during assessment.

What weak Section Bs look like: vague summaries ("Adam has some difficulties with social interaction"); needs listed only in the cluster of need ("communication and interaction"); reliance on the school's view to the exclusion of the EP or SaLT advice; missing co-occurring needs (sensory, motor, SEMH) because they did not appear in the school's report.

The Code (9.69) requires Section B to set out all the child's special educational needs as identified during the assessment, regardless of which professional identified them. A Section B that names autism but omits the SaLT-identified pragmatic language difficulty is unlawfully incomplete.

At tribunal, parents commonly succeed in expanding Section B because the LA's draft has under-described the picture. Each addition to Section B opens the door to additional Section F provision.

Related terms

The terms parents most often see alongside Section B (EHCP).

Where parents ask about this

Parents usually find this page with a draft EHCP open and the feeling that the school's view has crowded out the EP and SaLT. Searches include "Section B EHCP wording", "what should be in Section B EHCP", and "Section B too vague". A Beaakon SEND solicitor or advocate can compare your draft Section B against the assessment advice, identify the missing needs, and draft replacement wording for the working document, within the 15-day response window.

References

The primary legislation, statutory guidance, research, and clinical tools this page draws on.

Section B (EHCP) | Beaakon