Is it the responsibility of the nursery, school or college to arrange the provision specified in an EHC plan?

No – this is a common myth.

The legal responsibility for securing the provision specified in Section F of an EHC plan falls upon the local authority (LA). This is an absolute obligation.

LAs rely on schools to make the special educational provision set out in EHC plans and will give funding to the school to enable them to do this. However, if the school is unable to deliver the provision, or even if they are unwilling to do so, then the LA has a legal duty to secure the provision. LAs cannot reduce or remove funding from an EHC plan when the provision in the plan hasn’t changed.

We have produced a template letter which can be used to complain if your child is not receiving the special educational provision set out in Section F of their EHC Plan.