We want occupational therapy moved into Section F of our son’s education, health and care plan.

You are right in thinking that the occupational therapy is likely to be special educational provision therefore should be specified in Section F of the education, health and care (“EHC”) plan. What supports your argument is that the local authority (“LA”) has described your son’s difficulties with fine motor skills and sensory difficulties in Section B as special educational needs (“SEN”). The law is clear that any health or social care provision which educates or trains a child or young person must be treated as special educational provision instead of health or social care provision.

See the section on what an EHC plan should contain for more information. You can also use IPSEA’s EHC plan checklist to check whether your draft EHC plan complies with the legal requirements for how it should be set out.

It is not uncommon for LAs to be reluctant to specify provision which comes from a health or social care service in Section F of the EHC plan as once they do, they become ultimately responsible for securing the provision, even if health or social care can’t or refuse to do so.

You will need to appeal to the First Tier Tribunal (Special Educational Needs and Disability) (“the SEND Tribunal”). The deadline for appealing is two months from the date of the final plan or one month from the date of the mediation certificate, whichever date falls the latest. You should also consider appealing Section B of the EHC plan after checking it to make sure all of your son’s SEN are properly specified.