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Legal & statutory

Section F (EHCP)

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

Definition

Section F sets out the special educational provision the local authority must secure for the child, under section 37(2) and section 42 of the Children and Families Act 2014. The legal duty to arrange Section F is absolute. The LA must secure the provision, regardless of budget pressures (East Sussex CC, ex parte Tandy [1998]).

In context for parents

Key checkpoints

  • Section F sets out the special educational provision the LA must secure (Children and Families Act 2014, sections 37(2) and 42).
  • Duty is absolute: funding is not a defence (R v East Sussex CC, ex parte Tandy [1998]).
  • Specificity standard: provision must be specific, detailed, and quantified (L v Clarke and Somerset CC [1998]).
  • Each provision should name type of input, qualification of deliverer, frequency, duration, and setting.
  • Whole-day strategies (low-arousal approach, structured visual environment, predictable transitions) are enforceable if specific.

Section F must be specific, detailed, and quantified. The standard the tribunal applies is the L v Clarke and Somerset CC [1998] line: provision should be specific and clear so it leaves no doubt about what must be delivered, by whom, and how often. "Access to a teaching assistant as required" is unlawful; "1:1 TA support for 25 hours per week, delivered by a TA trained in autism and Zones of Regulation" is enforceable.

What good Section F looks like. Each provision names the type of input, the qualification of the person delivering it, the frequency, the duration, and the setting. Example: "Direct speech and language therapy from an HCPC-registered SaLT, six 45-minute sessions per term (18 sessions per year), in school." Or: "Daily 1:1 reading intervention using a structured synthetic phonics programme (Read Write Inc or equivalent), 15 minutes per day, delivered by a TA trained in the programme."

What weak Section F looks like. "Access to a SaLT" (frequency missing). "Support as required from the SENCO" (not provision). "Differentiated curriculum" (not provision, that is teaching). "Visual supports" (no detail). All of these will be re-drafted at tribunal.

Section F should also include the strategies and approaches that need to apply throughout the day (low-arousal approach, structured visual environment, predictable transitions, sensory regulation breaks at named intervals), not just the discrete intervention sessions. Whole-day provision is enforceable if it is specific.

The LA cannot use the school's notional SEN budget as a reason to under-specify Section F. The duty is on the LA to secure, not on the school to deliver from its own budget.

Related terms

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

Where parents ask about this

Parents usually find this page with a draft Section F that says "access to" half a dozen things and a feeling the LA has not committed to anything enforceable. Searches include "Section F EHCP specific quantified", "Section F SaLT hours wording", and "L v Clarke Somerset Section F". A Beaakon SEND solicitor or advocate can rewrite your Section F into specific, quantified, enforceable wording, line up the EP/SaLT/OT evidence to back each clause, and run the working-document negotiation or tribunal appeal.

References

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

Section F (EHCP) | Beaakon