👉 Section 42: The Law That Makes EHCPs Legally Binding

If your child has an Education, Health and Care Plan (EHCP), you might be told by schools or the Local Authority that support depends on funding, resources, or staff availability. But here’s the truth: EHCPs are legally binding.

And that comes from Section 42 of the Children and Families Act 2014.

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What Does Section 42 Say?

Section 42 makes it clear:

👉 Local Authorities must secure the special educational provision set out in Section F of an EHCP.

That means:

• If the EHCP specifies speech and language therapy, it must be delivered.
• If it specifies 1:1 support for 20 hours a week, those hours must be provided.
• If it names a particular intervention or piece of equipment, the LA must fund and deliver it.

There’s no get-out clause. Words like “must secure” mean this is a legal duty, not a suggestion.

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Why It Matters

Too often, EHCPs are written vaguely — with phrases like “access to support” or “regular opportunities”. The problem is, vague wording can’t be enforced.

Section 42 only works for families if Section F is specific, detailed, and quantified. That’s why it’s so important to push for clear language when your EHCP is being drafted or reviewed.

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What Parents Can Do

💡 To make Section 42 work for your child:

1. Check Section F — is it specific? Does it say who, what, how often, how long?
2. Challenge vague language — terms like “regular,” “access to,” or “as needed” are too weak.
3. Keep records — if provision in Section F isn’t happening, keep notes and emails.
4. Escalate — if the LA fails to deliver, you can use the complaints process, Ombudsman, or tribunal.

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Final Thought

Section 42 is one of the strongest protections in SEND law. It’s the reason an EHCP is more than just a piece of paper — it’s a legal guarantee of support.

👉 Want to check if your child’s EHCP is enforceable? We’ve created free resources and templates to help: AskEllie.co.uk.