When should therapies (such as speech and language therapy) be classed as special educational provision, and included in Section F?

R v Lancashire County Council ex parte M [1989] 2 FLR 279: Speech and language therapy can be special educational provision.

London Borough of Bromley v SENDIST and Others [1999] EWCA Civ 3038: There is a significant degree of overlap between what is educational and what is non-educational therapy. It was inappropriate to seek to impose a rigid demarcation between the two areas. In this case, physiotherapy, occupational and speech therapy were all considered to be educational.

DC & DC v Hertfordshire County Council (SEN) [2016] UKUT 0379 (AAC): Therapies which train a child or young person to manage anxiety (such as cognitive behavioural therapy or mindfulness) can be considered special educational provision, but general psychological support to address mental health problems is unlikely to be educational as it does not involve instruction or training.

East Sussex County Council v TW [2016] UKUT 528: Social care provision which educates or trains can be special educational provision, however the SEND Tribunal must give adequate reasons for deciding where provision should go in an education, health and care (EHC) plan. Section I of an EHC plan cannot name a person’s home as their educational placement.