My Child's EHCP Isn't Being Followed – What Can I Do?

You fought hard to get that EHCP. The assessments, the meetings, the waiting—it all led to a document that finally set out what your child needs.

And now it's not being followed.

Maybe the hours aren't being delivered. Maybe the specialist support never materialised. Maybe the school just isn't doing what the plan says they should.

This is one of the most common frustrations parents face. And it's completely valid. An EHCP is a legal document. The provision in Section F isn't a wish list—it's a legal duty.

Here's what you can do about it.

Understanding What's Legally Enforceable

An EHCP has different sections, and not all of them carry the same legal weight.

The key sections:

Section	Contents	Legal Status
B	Your child's SEN	Descriptive
F	Special educational provision	Legally enforceable
G	Health provision	Duty on health services
H1	Social care (from legislation)	Legally enforceable
H2	Other social care	Reasonable endeavours
I	Placement (school named)	Legally enforceable

Section F is critical. Everything listed there must be provided. Not "where possible." Not "subject to funding." It must happen.

If your child's Section F provision isn't being delivered, someone is failing in their legal duty.

Who Is Responsible for Delivering the EHCP?

This depends on what's not being provided:

• Educational provision (Section F) – The Local Authority holds ultimate responsibility, though they often delegate delivery to the school

• Health provision (Section G) – The NHS or relevant health body is responsible

• Social care (Sections H1/H2) – The Local Authority's social care team

When provision fails, the school may say it's the LA's fault. The LA may say it's the school's fault. Don't get caught in the middle of this—the LA is legally accountable for ensuring Section F is delivered.

Common Ways EHCPs Aren't Followed

You might recognise some of these:

• Hours not being delivered – The plan says 20 hours of support, but your child gets far less

• Named provision missing – Speech therapy, occupational therapy, or specialist teaching isn't happening

• Unqualified staff – The EHCP specifies a particular type of support, but it's being delivered by someone without the right training

• Provision not matching need – Support is technically happening but doesn't reflect what's written in the plan

• Reviews not happening – Annual reviews are overdue or outcomes aren't being implemented

• Placement issues – Your child isn't attending the named school, or the school can't meet the provision specified

Any of these represents a failure to implement the EHCP.

What To Do: Step by Step

Step 1: Document Everything

Before you do anything else, get the evidence clear.

• Re-read your child's EHCP – Focus on Section F and note exactly what provision is specified

• Record what's actually happening – Keep a log of what support your child receives (or doesn't)

• Save communications – Emails, letters, notes from meetings

• Request records from school – Ask for their records of provision delivered, including TA timetables if relevant

You need to be able to show the gap between what should happen and what is happening.

Step 2: Raise It With the School

Start with the people closest to your child's education.

Write to the SENCO and headteacher. Be specific:

"My child's EHCP states they should receive [specific provision]. I understand this is not currently being delivered. Please can you confirm what is in place and explain why there is a discrepancy?"

Ask for a response in writing within a reasonable timeframe (e.g., 10 school days).

Sometimes this is enough. Schools may not realise provision has slipped, or there may be a fixable issue.

Step 3: Escalate to the Local Authority

If the school doesn't resolve it—or the issue is beyond their control—contact the LA.

Write to the SEN team (or SEN caseworker if you have one). Explain:

• What provision isn't being delivered

• How long this has been happening

• What you've already done to raise it

• That you expect them to ensure the EHCP is implemented

The LA is ultimately responsible. They cannot simply say "that's the school's problem."

Step 4: Request an Emergency Annual Review

If provision has significantly broken down, you can request an early or emergency Annual Review.

This brings everyone to the table and creates a formal record. It can also trigger amendments to the EHCP if changes are needed.

You have the right to request a review at any time—you don't have to wait for the scheduled annual date.

Step 5: Make a Formal Complaint

If informal routes don't work, escalate formally.

For school-level failures:

• Complain to the headteacher in writing

• If unresolved, escalate to the governing body

• Follow the school's formal complaints procedure

For LA failures:

• Use the LA's formal complaints process

• If the complaint isn't resolved satisfactorily, escalate to the Local Government and Social Care Ombudsman (LGSCO)

The Ombudsman can investigate maladministration and recommend remedies, including compensation.

Step 6: Consider Judicial Review (Rare Cases)

In serious cases where a child is being significantly harmed by failure to provide, judicial review may be an option.

This is a legal challenge to the LA's failure to perform its statutory duty. It's a more formal route that typically requires legal support—but the threat of it can sometimes prompt action.

This isn't the first step. But it exists as a backstop when all else fails.

What If the School Says They Can't Deliver the Provision?

You might hear:

• "We don't have the staff"

• "The funding hasn't come through"

• "We're doing our best with what we have"

These may be genuine operational challenges—but they don't remove the legal duty.

If a school genuinely cannot deliver what's in the EHCP, the LA must either:

• Provide additional resources to enable delivery

• Amend the EHCP to reflect what can realistically be provided (with your input)

• Consider whether the placement remains appropriate

What they cannot do is simply leave your child without the provision they're legally entitled to.

How Long Should You Wait Before Escalating?

There's no fixed rule, but here's a practical guide:

• Initial concern – Raise with school, allow 2 weeks for response

• No resolution – Escalate to LA, allow 2–4 weeks

• Still no action – Formal complaint, request emergency review

• Ongoing failure – Ombudsman complaint, consider legal options

Don't wait months hoping things will improve. Every week without proper provision is a week your child is being let down.

This Shouldn't Be Your Fight—But It Is

In a perfect world, EHCPs would be followed automatically. You wouldn't need to chase, document, and escalate.

But the reality is that parents often have to hold the system accountable. Knowing your rights—and being willing to assert them—makes a real difference.

Need help working out what to do? We support parents dealing with exactly this—understanding what provision should look like, identifying where it's falling short, and figuring out the most effective way to get things back on track. Get in touch and we can talk through your situation.

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