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    Getting Section F specific: provision that can be delivered and checked

    Section F is the part of an EHCP the local authority must secure. If it says 'access to' or 'as needed', nobody can tell what is owed, or whether it happened. Here is how to tighten it.

    England · Updated · 6 min read

    Section F lists the special educational provision a child or young person needs. It is the part of the plan that turns into a duty. Where a local authority maintains an EHC plan, it "must secure the specified special educational provision" (Children and Families Act 2014, section 42(2)), and "specified" means "specified in the plan" (section 42(6)). Loose wording here means families cannot tell what to expect, schools cannot show what they delivered, and reviews cannot judge whether it worked.

    This is practical guidance, not legal advice.

    What the Code asks for

    The SEND Code of Practice has a table, straight after paragraph 9.69, headed 'What to include in each section of the EHC plan'. For Section F it says:

    "Provision must be detailed and specific and should normally be quantified, for example, in terms of the type, hours and frequency of support and level of expertise, including where this support is secured through a Personal Budget"

    The same table says provision "must be specified for each and every need specified in section B", and that "It should be clear how the provision will support achievement of the outcomes".

    The Code's introduction explains its own wording: "where the text uses the word 'must' it refers to a statutory requirement under primary legislation, regulations or case law." "Should" means the guidance must be considered, and departures explained.

    Why vague phrases fail

    Read each line of Section F and ask: could two people disagree about whether this was delivered? If they could, the line is too vague.

    • "Access to" describes availability, not delivery. "Access to a speech and language therapist" could be read as satisfied if one works in the building, even if the pupil rarely sees them.
    • "Regular", "frequent" and "ongoing" have no number. Weekly and termly can both be called regular.
    • "As needed" and "as appropriate" leave the amount to whoever is delivering it, with no way to check the decision later.
    • "Small group" or "adult support" with no size, length or staff role cannot be costed, timetabled or checked.

    They also weaken the annual review. Paragraph 9.167 says reviews should "review the special educational provision made for the child or young person to ensure it is being effective". You cannot judge whether provision worked if the plan never said what it was.

    Four things each line should state

    The Code's example lists four elements. Use them as a test:

    1. Type. What is the support? Name the approach or programme where that matters.
    2. Hours. How long is each session, or how much in total?
    3. Frequency. How often, and over what period?
    4. Level of expertise. Who delivers it, and what training or qualification do they need? Who designs it, if that is someone different?

    Group size and setting are not in the Code's list, but they often decide whether provision can be checked.

    Before and after

    All pupils below are fictional.

    Leah, Year 8, speech, language and communication needs

    Before: Leah will have access to speech and language therapy.

    After: Direct speech and language therapy from a qualified speech and language therapist, 1:1, for 30 minutes once a week during term time. The therapist will write a programme of targets each term. A teaching assistant trained by the therapist will deliver that programme for 15 minutes, three times a week, in a quiet room.

    Amir, Year 4, cognition and learning

    Before: Amir will receive regular adult support in class.

    After: Support from a teaching assistant in all English and maths lessons (about 8 hours a week), to break tasks into steps, check understanding and prompt Amir to use his word mat and number line.

    Jayden, Year 7, sensory processing needs

    Before: Jayden will have movement breaks as needed.

    After: A 5-minute movement break at least every 40 minutes in lessons, following a sensory programme written by an occupational therapist and reviewed each term. In addition, Jayden may use his break card to ask for a break at other times. Staff will record each use so the pattern can be looked at during review.

    Some flexibility is legitimate. The Code's table says "In some cases, flexibility will be required to meet the changing needs of the child or young person". The aim is to set a minimum and say who decides.

    Sophie, Year 5, social, emotional and mental health needs

    Before: Sophie will take part in a small-group social skills intervention.

    After: A small-group social communication programme, with no more than four pupils, for 45 minutes once a week over two terms. It will be delivered by a teaching assistant trained in the programme and supervised by the SENCO.

    Paragraph 9.68 says the plan "must specify the special educational provision required to meet each of the child or young person's special educational needs" and that "The provision should enable the outcomes to be achieved." A simple check: for each need in Section B, find at least one line in Section F. For each outcome in Section E, find the provision that leads to it.

    When to get advice

    Schools do not finalise EHC plans. The local authority does, and the Section F duty under section 42 sits with the local authority. Schools contribute advice and, after an annual review, the school report "must set out recommendations on any amendments required to the EHC plan" (paragraph 9.176). That report is the natural place to propose clearer wording.

    Get advice before acting if:

    • the plan specifies provision the school cannot deliver as written. Raise it with the local authority's SEN team promptly, in writing.
    • a family disagrees with Section F. Parents and young people can appeal the special educational provision in a plan to the First-tier Tribunal, subject to the mediation requirements (section 51(1) and (2)(c)(ii)). Point them to the local authority's information, advice and support service (section 32; Code paragraphs 2.1 and 2.5), which the Code says should be "impartial, confidential and accessible".
    • you need to know what the law requires in a particular case. Ask your trust's legal adviser or a solicitor experienced in education law.

    A short checklist

    • No line relies on "access to", "regular" or "as needed".
    • Each line states type, hours, frequency and level of expertise.
    • Any flexibility has a minimum and says who decides.
    • Every need in Section B has provision in Section F.
    • Every outcome in Section E has provision that leads to it.
    • The school could show, from its own records, that each line was delivered.

    Sendix checks EHCPs for wording that is too vague to deliver or review, cites the rule it relies on, and drafts a fix that the practitioner can accept, edit or reject.

    Sources

    1. LawChildren and Families Act 2014, section 37 (Education, health and care plans) (opens the source in a new tab)
    2. LawChildren and Families Act 2014, section 42 (Duty to secure special educational provision and health care provision in accordance with EHC Plan) (opens the source in a new tab)
    3. LawChildren and Families Act 2014, section 51 (Appeals) (opens the source in a new tab)
    4. LawChildren and Families Act 2014, section 32 (Advice and information) (opens the source in a new tab)
    5. Statutory guidanceSEND code of practice: 0 to 25 years (January 2015), Introduction, paragraphs 2.1, 2.5, 9.68, 9.131, 9.166, 9.167, 9.176 and the table 'What to include in each section of the EHC plan' (opens the source in a new tab)
    6. Statutory guidanceSEND code of practice: 0 to 25 years (GOV.UK publication page) (opens the source in a new tab)
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