Responsibility to ensure provision in EHC plan is made

BA, R (on the application of) v Nottinghamshire County Council [2021] EWHC 1348 (Admin): Where an education, health and care (EHC) plan is issued following a SEND Tribunal order, the local authority (LA) has five weeks from the date of the order until the final plan must be issued. The LA must secure the special educational provision set out in the education, health and care plan from the date it is issued. Any delay in putting the special educational provision in place will amount to a breach of the LA’s duty under section 42 (2) Children and Families Act 2014.

HXN, R (On the Application Of) v London Borough of Redbridge [2024] EWHC 443 (Admin): This case confirms that if a school has made efforts to put in place the special educational provision specified in an EHC plan but been unable to do so, it is the responsibility of the local authority (LA) to make sure the provision is put in place. The LA cannot delegate this responsibility to a school. It is an absolute legal duty of an LA under section 42 of the Children and Families Act 2014.

N v North Tyneside Council [2010] EWCA Civ 135: The LA has an absolute obligation to ensure the special educational provision set out in an EHC plan is provided. The LA is not allowed to change an EHC plan without following the proper process for amendment.

R v Oxfordshire County Council ex parte Pittick [1996] ELR 153: If a school is not able to fund the special educational provision in the Statement or EHC plan from its own resources, the obligation to arrange and secure the provision remains with the LA. A dispute about funding between a school and an LA should never be the reason why a child or young person does not receive the special educational provision in their Statement or EHC plan. 

R v London Borough of Harrow ex parte M [1997] ELR 62: The LA is responsible for ensuring the special educational provision in a Statement (now an EHC plan) is made, even where the provision in question is actually provided by another body (here, the health service). If the health service fails to make the provision the LA must step in.

R (LB) v Surrey County Council [2022] EWHC 772 (Admin): Practical difficulties (including financial ones) are no excuse for an LA failing to secure the special educational provision in an EHC plan. It is an absolute duty of an LA under the Children and Families Act 2014.