Applying the legislation

The Council must consider whether the special educational provision in Section F of an EHC Plan would be “inappropriate” to be provided within a school or educational setting. They must also consider if some of the provision could be provided in school. Other provision would be more bespoke.

For example, it may be that a child or young person’s anxiety stops them from going to school to attend certain lessons. Some of this provision may need to be delivered in a more bespoke way as ‘alternative provision’. The child or young person might still be able to go to school. There they may be able to access a number of specific interventions individually and in groups, and as laid out in Section F of the EHC Plan. In these situations, the Tribunal case law guides us that these arrangements should be made while the child remains on the roll of a school.