This section describes all the special educational provision your child must have. It follows on from section B which described all of their special educational needs. This section is written after section B, but before section E (outcomes) and section I (educational placement). It is not until sections B and F are written, can it be known whether a school can meet the child’s needs (1).

Provision must be detailed and specific and should normally be quantified, for example, in terms of the type, hours and frequency of support and level of expertise, including where this support is secured through a Personal Budget (2).

It is unlikely to be lawful for the local authority to use wording such as:

  • ‘it is recommended that’
  • 'requires a handwriting programme and a reading programme’
  • ‘access to multisensory teaching would be helpful’

This type of wording has been criticised for not stating what is required (3). Also:

  • ‘initially a visit once a week for a term thereafter reducing to once a fortnight (4)’ is      considered too vague as much more detail is needed.

The following is the correct approach to wording:

  • ‘Sam requires a reading programme, focussing on accuracy and fluency. The programme will be devised and monitored by a Specialist Literacy Teacher. The Specialist Teacher will work with Sam for 30 minutes, once per week and a teaching assistant, with training and experience in teaching pupils literacy difficulties, will deliver the programme for 15 minutes daily’

The LA cannot have a policy to not specify or quantify provision, that would not be lawful.If a child is in a special school/college, there may be greater flexibility. However, it is expected that where detail can be reasonably provided, the local authority specifies the provision required (5).

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1 A v Special Educational Needs & Disability Tribunal & Anor [2003] EWHC 3368 (Admin) (25 November 2003)
2 Special Educational Needs and Disability Code of Practice 2015, s9.69
3 JD v South Tyneside [2016] UKUT 9 (AAC) ELR 118
4 S v SENDIST [2007] EWHC 1139
5 B-M and B-M v Oxfordshire CC (SEN) [2018] UKUT 35 (AAC).


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Categories: EHC Plan - Sections
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