Fiducia TogetherProvision not being delivered
What to do when the plan says something and it is not happening.
Please note: This page explains a word or a process in education. It is general information about the system, the law and the guidance in England — not advice about your child, your school or your exam. If a decision is going against you, get advice from one of the free services we link to before you agree to anything or miss a deadline. If you are revising, check your own exam board's specification: boards word things differently and yours is the one that marks you.
What it is
Section 42 of the Children and Families Act 2014 places an absolute duty on the council to secure the special educational provision in Section F of an EHCP.
Where it applies
Anyone with an EHCP.
How it works
The duty is the council's and cannot be delegated away to the school. Lack of funding, staff sickness and recruitment difficulty are not defences.
There is no appeal to the Tribunal about non-delivery — the routes are complaint, the Ombudsman, and judicial review.
What you can ask for
Write to the COUNCIL, not only the school, and quote section 42.
Record what is missing and for how long, with dates. Compensation and catch-up recommendations from the Ombudsman are calculated on that.
Ask for a remedy that includes making up the lost provision, not only an apology.
If it is serious and continuing, take advice about judicial review — a pre-action letter frequently resolves it.
Where to get help
SENDIASS for free local advice, IPSEA and Contact nationally, and your school's own policy.
Where to read more
Last reviewed 2026-08-28 by Fiducia Together · Next review due 2027-08-28
Please note: This page explains a word or a process in education. It is general information about the system, the law and the guidance in England — not advice about your child, your school or your exam. If a decision is going against you, get advice from one of the free services we link to before you agree to anything or miss a deadline. If you are revising, check your own exam board's specification: boards word things differently and yours is the one that marks you.