Explain

The council's duty to secure the provision (section 42)

Once a plan is in place, the Act gives the council a duty to secure the special educational provision in Section F. The Act does not limit this duty to "best endeavours". The school or college usually delivers it, but the council keeps the duty. The health body must arrange the health care provision in Section G. Neither duty applies where the parent or young person has made suitable alternative arrangements, such as elective home education.

"Best endeavours" is the wording of a separate duty, on mainstream schools and colleges, in section 66. The High Court has said the section 42 duty is absolute, with no "best endeavours" defence, following the Court of Appeal on the duty that came before it. From 1 May to 31 July 2020, temporary notices under the Coronavirus Act 2020 changed the duty to secure the provision to a duty to use "reasonable endeavours". That change has ended. Whether provision is being delivered is not something the SEND Tribunal decides. The routes people use include raising it in writing with the council, a complaint, the Local Government and Social Care Ombudsman, and a pre-action letter or judicial review. If the child is out of school because of illness, section 19 of the Education Act 1996 may also apply.

Type of rule

Law (Act or Regulations)

Rule id

duty_to_secure_provision

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 42(2)Law (Act or Regulations)
• Children and Families Act 2014, s 42(3)Law (Act or Regulations)
• Children and Families Act 2014, s 42(5)Law (Act or Regulations)
• Children and Families Act 2014, s 66(2)Law (Act or Regulations)
• Children and Families Act 2014, s 66(1)Law (Act or Regulations)
• R (DA) v Bristol City Council [2022] EWHC 2830 (Admin)Case law, to verifyStill to confirm the citation (Chamberlain J, 10 October 2022) and the holding. Para 6: the s 42(2) duty "is absolute and non-delegable", with no "best endeavours" defence, citing N v North Tyneside at para 17.
• R (L) v Hampshire County Council [2024] EWHC 1928 (Admin)Case law, to verifyStill to confirm the citation (High Court, Sarah Clarke KC sitting as a Deputy High Court Judge, 12 July 2024) and the paragraphs relied on. Paras 41 and 59: the s 42 duty is "absolute and non-delegable", not a best endeavours obligation (para 41 cites N v North Tyneside). Para 65 (reliance on third-party providers) concerns the remedy only, and Plenda does not rely on it.
• R (N) v North Tyneside Borough Council [2010] EWCA Civ 135Case law, to verifyStill to confirm the citation (Court of Appeal: Sedley LJ, Smith LJ and Elias LJ, 15 January 2010) and the holding. Para 17 (Sedley LJ): "There is no best endeavours defence in the legislation." It was decided under EA 1996 s 324(5), the duty for statements, and decides no point about resources.
• Coronavirus Act 2020, Sch 17 para 5Law (Act or Regulations)
• Local Government Act 1974, s 26Law (Act or Regulations)
• Civil Procedure Rules, r 54.5Law (Act or Regulations)
• Education Act 1996, s 19Law (Act or Regulations)

Related

• Section F (special educational provision)
• Section G (health care provision)
• Elective home education
• Education for children out of school (Education Act 1996, section 19)
• Local Government and Social Care Ombudsman (LGSCO)
• Judicial review
• Pre-action letter (before judicial review)
• SEN support (help without an EHC plan)
• Coronavirus changes to EHC law in 2020 (expired)

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