EHCP Provision Not Being Delivered: What Parents Need to Know and Do

When EHCP provision is not being delivered, the impact on your child is immediate. Missed therapy sessions, reduced support hours, or specialist interventions quietly replaced with general classroom help are not just frustrating. In many cases, they are unlawful.

Under section 42 of the Children and Families Act 2014, the local authority has a legal duty to secure the special educational provision in Section F of your child's Education, Health and Care Plan. Not best endeavours.

Not subject to staffing levels. Secured. This article explains how to identify a breach, who is responsible, and how to push for delivery in a way that protects your position.

What Does 'EHCP Provision Not Being Delivered' Actually Look Like?

This is a situation that often builds gradually rather than appearing all at once. You might notice that 1:1 support hours have quietly reduced. Therapy sessions that should happen weekly have dropped off. A named professional is no longer visiting. Or specialist interventions have been replaced with general classroom support without any formal change to the plan.

The question to ask yourself is straightforward: is the support described in Section F actually happening in practice, to the frequency and specification stated? If the answer is no, there may be a breach of statutory duty.

Common examples of under-delivery include:

• 1:1 support hours being reduced without a formal plan amendment

• Speech and language therapy not delivered at the stated frequency

• A named type of professional input not taking place

• Provision described vaguely in the plan and interpreted loosely in practice

• Informal adjustments being made at school level without an EHCP amendment

Who Is Legally Responsible When Provision Is Not Delivered?

This is one of the most important things to understand. Even though day-to-day delivery usually happens in school, the legal responsibility for securing provision sits with the local authority, not the school.

Section 42 of the Children and Families Act 2014 is explicit on this point. The SEND Code of Practice 2015 reinforces that provision must be detailed, specific and actually implemented. Schools cannot quietly reduce or adjust provision because of staffing difficulties or budget pressure. If provision needs to change, the EHCP must be formally amended through the correct process.

This distinction matters practically. When you escalate the issue, you are writing to the local authority, not just to the school. And the duty they owe your child is not discretionary.

Why Does This Happen? Common Reasons Provision Falls Short

Understanding what is driving the shortfall can help you frame your response more effectively. The most common explanations schools and local authorities give include staff absence or recruitment delays, funding disputes between the school and the authority, vague wording in the plan that leaves room for interpretation, and informal adjustments made without anyone formally updating the EHCP.

None of these factors override the statutory duty. If Section F specifies 20 hours per week of 1:1 TA support and your child is receiving 12, the shortfall is measurable and the duty remains in force regardless of the reason behind it.

How to Check Whether Your Child's Provision Is Being Delivered

Before you escalate anything, gather clarity. Go back to the exact wording in Section F and compare it line by line against what is actually happening. Request timetables showing support allocation. Ask for therapy logs or attendance records. Look through any written communication from school that references adjustments to provision.

Vague wording in the plan complicates enforcement. Clear, quantified wording, such as '20 hours per week 1:1 support' rather than 'access to support as required', gives you something concrete to point to. If the wording in your current plan is unclear, that is worth addressing separately through a review.

What to Do When EHCP Provision Is Not Being Delivered

A structured approach protects your position. Working through the steps in order also creates a clear paper trail if you need to escalate further.

Step 1: Raise the Issue in Writing with the School

Start by writing to the school. Keep your tone measured and focus on the specific provision, not your broader concerns. Reference the exact Section F wording, describe the shortfall you have observed, include any supporting evidence you have, and ask for written confirmation of how and when delivery will be remedied.

A useful framing is something like: 'Section F specifies one hour of direct speech and language therapy each week. We understand this has not been delivered since September 2025. Please confirm in writing how this will be remedied and by when.'

Putting this in writing serves two purposes: it signals seriousness, and it creates a record. If you are unsure how to structure this letter or want to make sure the wording is precise, getting professional help at this stage can prevent costly mistakes later.

Step 2: Write to the Local Authority SEN Team

If the school does not respond adequately or the issue continues, write directly to the SEN case officer at the local authority. Reference section 42 of the Children and Families Act 2014, name the specific provision that is not being delivered, include dates and details of the shortfall, and ask for written confirmation of how the authority will fulfil its statutory duty.

Keep the letter focused and evidenced. Emotional appeals are understandable but they are less effective than a measured letter that references the law and sets out the shortfall clearly.

Step 3: Use Formal Complaint Routes if the Issue Persists

If the matter remains unresolved after engaging with the school and the local authority, you can use the local authority's formal complaints procedure. Once internal processes have been exhausted, you can escalate to the Local Government and Social Care Ombudsman.

The Ombudsman will want to see three things clearly documented: what provision was specified in the plan, what was actually delivered, and what steps you took to resolve it. Keeping structured records throughout the earlier stages makes this process significantly easier.

When Is SEND Tribunal the Right Route?

It is worth understanding the distinction between enforcing existing provision and appealing the content of the plan. Tribunal is the route to use if provision is not being delivered because it is inadequately specified in Section F. Appeals regarding Section F content go to the First-tier Tribunal (Special Educational Needs and Disability).

If the provision is clearly specified but simply not being carried out, enforcement through the local authority and the Ombudsman is the more appropriate route. Confusing the two can cost time and weaken your position.

Mistakes That Weaken Your Enforcement Position

Relying on verbal conversations without following up in writing is the single most common mistake. Accepting informal temporary reductions without getting written confirmation is another. Framing your concerns emotionally rather than by reference to Section F, or asking generally for more support rather than asking for delivery of what is already specified in the plan, can also make it harder to press the case effectively.

The law gives you a strong position. The key is to use it precisely rather than generally.

How Decision-Makers Read Enforcement Letters

SEN officers and school leaders pay attention to whether provision is clearly quantified in the plan, whether there is documented evidence of shortfall, and whether the complaint is structured and referenced to statute. A calm, evidence-led letter signals that you understand your legal position and are prepared to escalate. An unfocused letter, however understandable the frustration behind it, is more likely to result in delay.

If you need help getting this right, Letter Writing Service specialises in high-stakes correspondence including EHCP enforcement letters. Professional wording at this stage can make a measurable difference to how your case is received.

Practice: A Self-Check Before You Send Your Letter

Before you send anything, work through these questions. They take two minutes and can prevent a letter from losing force before it even gets read.

1. Is the Section F wording quantified rather than vague?

2. Can you show a measurable shortfall in hours, sessions or dates?

3. Have you referenced section 42 of the Children and Families Act 2014?

4. Is your requested outcome clearly stated?

5. Have you kept the tone measured rather than escalating emotionally?

6. Does the opening paragraph state the issue clearly and specifically?

If the opening paragraph of your letter is unclear, the rest of the letter often loses impact. Tightening the first 100 words can strengthen the entire case. If you need help with this, LetterLab can help fix the opening of your letter.

The Key Takeaway: Delivery Is Not Optional

EHCP provision not being delivered is not a matter of discretion for the local authority. The statutory duty under section 42 is clear. When you reference Section F directly, use structured and measured wording, stay focused on the statutory duty, and document shortfalls with specifics, you increase the likelihood of getting the provision your child is entitled to.

Clarity moves cases forward. Volume does not.

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