Section 42 duty
Section 42 is the law that says the local authority must provide the support written in an EHC plan. Must means must: it is not optional.
Applies in England
Once a final EHC plan Final EHC plan The finished version of an EHC plan. Once it is issued, the support in it is legally binding, and your right of appeal starts. Read the full definition of Final EHC plan exists, section 42 of the Children and Families Act 2014 puts a duty on the local authority to secure the special educational provision set out in section F of the plan. Courts have treated this as an absolute duty: a shortage of money or staff does not excuse it.
If provision in section F Section F of an EHC plan The part of an EHC plan that sets out the support your child must get. It is the part the council is legally required to provide. Read the full definition of Section F of an EHC plan is not being delivered, you can say, in writing: the section 42 duty is not being met, please tell me when it will be. That one sentence moves the conversation from a favour you are asking to a duty they owe.
If it still does not happen, use the local authority's complaints process, and beyond that the Local Government and Social Care Ombudsman NHS complaints procedure The formal way to complain when an NHS service gets things wrong or will not act. Every service has a complaints process you can use, and each UK nation runs its own system. Read the full definition of NHS complaints procedure or a judicial review can enforce the duty.
Related words
Where this comes from
- Children and Families Act 2014, section 42 , legislation.gov.uk. Checked 2026-08-14.
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