Parent Asks:

I know the LA are responsible for implementing the EHC plan but what responsibility does the school have - for example - if an EHC plan was not implemented?

IPSEA Answers:

If a child or young person has an EHC Plan, the school must use their ‘best endeavours’ deliver the special educational provision specified in Section F.

The duty to use ‘best endeavours’ to secure special educational provision applies to:

• mainstream schools (including mainstream academies)
• maintained (state-funded) nursery schools
• 16-19 academies
• alternative provision academies
• Further Education institutions
• Pupil referral units

(Note that this does not apply to special schools or independent schools.)

The law says:

“If a registered pupil or a student at a school or other institution has special educational needs, the appropriate authority must, in exercising its functions in relation to the school or other institution, use its best endeavours to secure that the special educational provision called for by the pupil’s or student’s special educational needs is made.”  See Section 66 of the Children and Families Act 2014.

The reference to the ‘appropriate authority’ means the governing body, proprietor, or management committee of the school or other setting. The legal duty is directly on them as a body and not the headteacher of the school or principal of the college. The governing body (or equivalent) is able to effect change as it is responsible for the appointment and performance management of such posts.

If the school cannot, or does not, deliver the special educational provision specified in Section F of an EHC plan the LA has a direct duty to secure the provision they need and must provide the school with the resources (finances or expertise) to do so.