What to do if your EHCP is not being followed
Your options when the school or local authority is not delivering the provision in your child's EHCP.
What to do if your EHCP is not being followed
Your child's EHCP is a legal document. The provision in Section F is not optional. If it says your child should receive 3 hours of speech therapy per week, the local authority has a legal duty to make sure that happens. Not 'try to' provide it. Not 'aim to' provide it. Provide it.
Yet failure to deliver EHCP provision is one of the most common complaints to the Local Government Ombudsman. Here is what you can do about it.
How to spot the problem
Signs that provision is not being delivered include:
- Your child tells you they are not getting their 1:1 sessions
- The teaching assistant named in the plan has been reassigned
- Speech therapy sessions have been cancelled regularly
- The school says they 'cannot afford' the provision
- You ask for evidence of provision and none is provided
Ask your child. Even young children can tell you whether they have been taken out for their sessions, or whether their helper is still with them. Their observations are valid.
What to do
Re-read Section F. Make a list of every provision that should be in place. Note what is specific (hours, frequency, who delivers it) and what is vague.
Write to the SENCO or head teacher. Ask them to confirm, in writing, that every provision in Section F is being delivered. Ask for specifics: how many hours per week, who is delivering it, and when.
If the school confirms that provision is not being delivered, or does not respond, write to the local authority's SEN team. Remind them of their duty under Section 42 of the Children and Families Act 2014: the local authority must secure the provision in the EHCP.
Log every instance of provision not being delivered. Note dates, what was missed, and what the school said about it. SpektraBot's concern tracker is built for this.
If the local authority does not act, you can: - Make a formal complaint to the local authority - Complain to the Local Government Ombudsman - Seek judicial review (with legal advice)
Who is responsible
The local authority is ultimately responsible for making sure the provision in an EHCP is delivered. Even if the school is the one failing to provide it, the local authority cannot simply blame the school. They must step in and ensure the provision is in place.
This is set out in Section 42 of the Children and Families Act 2014.
If the school says they 'do not have the budget' for the provision in the EHCP, this is not your problem. The local authority funds the provision. If the school has not received enough funding, that is a matter between the school and the local authority. Your child's provision must not be reduced because of a funding dispute.
The school says the provision is being delivered, but you disagree
This happens when the school claims they are providing the support, but your child is not making progress or is struggling in ways that suggest the support is not effective.
In this situation:
- Ask for evidence: session records, progress data, timetables
- Ask how the provision is being monitored
- Request a meeting with the SENCO to discuss the gap between what the EHCP says and what your child is experiencing
- Raise it at the next annual review
Complaining to the Ombudsman
The Local Government and Social Care Ombudsman regularly finds fault when local authorities fail to deliver EHCP provision. Their remedies can include:
- A formal apology
- A financial payment to recognise the impact
- A requirement to put the provision in place immediately
- A requirement to make up for lost provision
You generally need to go through the local authority's own complaints process first. If that does not resolve it, the Ombudsman can investigate.
See Complaining to the Ombudsman for a step-by-step guide.
Try asking this question in a chat:
“My child's EHCP says they should get speech therapy but the school is not providing it. What should I do?”