Rulebook · Decision or problem
The plan is in place but the help in it is not being given
The Act places the duty to secure the special educational provision in section F on the council, even when a school or college delivers it. The health body, usually the integrated care board, must arrange the health provision in section G. This cannot be appealed to the Tribunal. The routes are to raise it with the council in writing, complain, go to the Ombudsman, or get legal advice about judicial review.
Section 42 says the council "must secure the specified special educational provision". The Act does not limit this to best endeavours and sets no exception for a lack of staff. The health body must arrange the health care provision specified in the plan. Health or social care help that educates or trains is treated as special educational provision, so it falls under the council's duty for section F. The Code says speech and language therapy should normally be recorded this way. The council's duty does not apply if the parent or young person has made suitable arrangements of their own. A school or college's complaints process is one route, but the legal duty to secure section F sits with the council. If the provision no longer fits the child's needs, a review or re-assessment is how the plan itself is changed. If a child of compulsory school age is not getting suitable education, for example because of illness or exclusion, the council must arrange suitable education for them.
Appeal right: this is not one of the matters that can be appealed to the SEND Tribunal (Children and Families Act 2014, s 51(2)). See the routes.
Ways to take this further
Listed in the order the rules give them. The order is not a ranking.
- Talk to the council: a meeting, or asking for reasons in writing
- Formal complaint to the council
- Local Government and Social Care Ombudsman
- Judicial review (after a pre-action letter)
- Complaint to the school or college
- Complaint to the NHS
- Parliamentary and Health Service Ombudsman
- Disagreement resolution service
- Complaint to the Secretary of State for Education
- Type of rule
- Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.
- Rule id
issue.provision_not_delivered- 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)
- Local Government Act 1974, s 26(6)Law (Act or Regulations)
- Children and Families Act 2014, s 51(2)Law (Act or Regulations)
- Children and Families Act 2014, s 21(5)Law (Act or Regulations)
- SEND Code of Practice 2015, para 9.74Code of Practice: should (follow unless there is a good reason not to)
- SEND Code of Practice 2015, para 9.73Code of Practice: must (restates the law)
- SEND Code of Practice 2015, para 9.76Official guidance
- Children and Families Act 2014, s 42(5)Law (Act or Regulations)
- Children and Families Act 2014, s 44(1)Law (Act or Regulations)
- Education Act 1996, s 19(1)Law (Act or Regulations)
Related
- Section F (special educational provision)
- Education for children out of school (Education Act 1996, section 19)
- The council's duty to secure the provision (section 42)
- Local Government and Social Care Ombudsman (LGSCO)
- Judicial review
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