We have the draft EHC plan, and there is a therapy we would like to have included in section F. Can a particular therapy be included in an EHC plan if it is not available from the local health service?

Yes it can. If a child’s SEN are identified in Section B of the EHC plan, provision to meet these needs has to be made in Section F. The only relevant issue is meeting the child’s needs (not whether resources are locally available). Paragraph 9.69 of the SEN and Disability Code of Practice states, “Provision must be specified [in Section F] for each and every need specified in Section B”.

Note also that section 21(5) of the Children and Families Act 2014 says: “Health care or social care provision which educates or trains a child or young person is to be treated as special educational provision (instead of health care provision or social care provision)”. This means it is the local authority (rather than the health service) who has the legal obligation to provide such a therapy.