How to Appeal Section F of an EHCP: Grounds, Wording and Evidence

Published 8 October 2026 · Legal citations checked against legislation.gov.uk, gov.uk and form SEND35 (Version 02, 02.2026)

Section F is the part of your child's EHC plan the council has to deliver. If the final plan says your child will have "access to" therapy "as appropriate", nobody can tell what has been promised, and nobody can enforce it. This guide is about what to do next: how to appeal section F to the SEND Tribunal, step by step, from the deadline and the mediation certificate to the grounds you write on form SEND35, the wording you ask for and the hearing.

The short version: you can appeal section F when a final EHC plan is first issued or after it is amended (section 51 of the Children and Families Act 2014). Contact the mediation adviser within 2 months of the council's letter and get a certificate. Then send form SEND35 within 2 months of the letter or 1 month of the certificate, whichever is later. For every vague paragraph, set out what the plan says, why it is not specific enough, the report that supports a change and the exact wording you want, with every number taken from that report.

When you can appeal section F

Section 51(2)(c) of the Children and Families Act 2014 gives a parent, or a young person over compulsory school age, the right to appeal the contents of a maintained EHC plan: the special educational needs in section B, the special educational provision in section F and the school or type of school in section I. Section 51(3) says when: when the plan is first finalised, and following an amendment or replacement of the plan.

There is a third route. If the council reviews the plan and decides not to amend it, that refusal is its own appealable decision (section 51(2)(e)). It uses the same form (SEND35). On the form you tick that you disagree with something in section B, F or I and that the appeal follows an annual review.

Two limits are worth knowing. The plan must be in England: Wales, Scotland and Northern Ireland have different systems. And the right attaches to a final plan, not a draft. If you are still at the draft stage, use your 15 days to comment first: our guide to checking a draft EHCP explains how. For an overview of every content right, see appealing sections B, F and I.

The standard section F has to meet

Section 42(2) of the Act requires the council to secure the special educational provision specified in the plan. That duty is only as good as the words it attaches to, which is why the wording is what you appeal.

The SEND Code of Practice 2015 sets out what each section should contain in the table that follows paragraph 9.69. For section F it says provision "must be detailed and specific and should normally be quantified, for example, in terms of the type, hours and frequency of support and level of expertise". It adds that provision must be specified "for each and every need specified in section B", and that where the council has departed from the advice it gathered, it should say so and give its reasons. In short, section F should be specific and, in most cases, quantified.

The courts have taken the same line for decades. In L v Clarke and Somerset County Council [1998] ELR 129 the High Court said provision must be so specific and clear that it leaves no room for doubt about what has been decided is necessary for the child. Very often, it added, that will mean specifying the hours per week. More recently the Upper Tribunal reviewed this case law in Worcestershire County Council v SE [2020] UKUT 217 (AAC) and London Borough of Redbridge v HO [2020] UKUT 323 (AAC), which discuss the balance between precision and flexibility. Some flexibility can be justified, but it is not a reason for a plan that leaves the amount of help to chance. Our guide to what good section F provision looks like goes through the standard in more depth.

Spot section F wording that cannot be enforced

Read section F with a highlighter. These are the patterns that most often make a paragraph unenforceable:

Soft words. "Access to", "opportunities for", "regular", "as appropriate", "would benefit from", "is recommended" and "a high level of" describe an intention, not a commitment. IPSEA lists the same phrases as ones that do not create a definite obligation.
"Up to". "Up to 10 hours of support" is met by 1 hour, or by none.
Left to the school. "The school will decide the level of support" hands the decision to someone the duty does not bind. In C v SENT and London Borough of Greenwich [1999] ELR 5 the court said provision cannot simply be left to the school to determine.
No one named. "Support with social skills" without saying who delivers it, with what training, how often or for how long.
Therapy in the wrong section. Health or social care provision that educates or trains a child is treated as special educational provision (section 21(5)) and belongs in section F. The Code says speech and language therapy should normally be recorded there (paragraphs 9.73 and 9.74). If it sits in section G instead, the duty to arrange it falls on the health body (section 42(3)), and on appeal the Tribunal can only make recommendations about it.
A need with no provision. Every need in section B should have something in section F that meets it. A need with nothing against it is a gap you can appeal.

Rewrite it from your evidence, not your wishes

The Tribunal decides what your child needs on the evidence. The strongest proposed wording therefore comes almost word for word from the professional reports: the educational psychologist, the speech and language therapist, the occupational therapist, the paediatrician, the school's own records. Look at the reports listed in section K of the plan and any newer ones. Where a report recommends something specific that the plan has dropped or softened, that departure is the heart of your ground.

Each line of proposed provision should answer the same questions: what is provided, who provides it and with what qualification or training, how often, for how long each time, in what size of group, where and when it happens and who checks it is working. Put the source next to every number.

Illustrative example only	Wording
What the plan says	"Sam will have access to speech and language therapy as appropriate."
What the report says (an illustrative report, not a real one)	Speech and language therapy report, March 2026, page 9: direct therapy once a week for 30 minutes from a speech and language therapist, plus a daily 15 minute programme delivered by a trained teaching assistant.
Proposed wording	"Sam will receive direct speech and language therapy from a qualified speech and language therapist once a week for 30 minutes, individually, in term time (speech and language therapy report, March 2026, page 9). A teaching assistant trained by the therapist will deliver Sam's language programme for 15 minutes every school day (same report, page 9). The therapist will review progress and update the programme each term."

The numbers in that example are only there to show the format. Never put a figure into proposed wording that you cannot point to in a report, the current plan or a record of what your child already receives. If a report says something vague, such as "would benefit from regular support", ask the professional who wrote it to state the type of support, the frequency, the length of each session, the group size and the qualification needed. A number you invented is easy for the council to attack; a number from the therapist's own report is not.

Appeal section B alongside section F

Section F has to answer the needs in section B, so the two stand or fall together. If your evidence shows a need that section B leaves out, such as anxiety at transitions described in the educational psychologist's report, the provision you want for it has nothing to attach to until B describes the need. That is why many parents appeal B and F together. Adding B does not change the mediation position: a certificate is already needed for an appeal about section F.

Write your SEND35 grounds issue by issue

Form SEND35 asks for your reasons in section 10, and its note asks you to say, for each issue, what the issue is, why you disagree, what evidence you have and what action you want the Tribunal to take. The Tribunal's practice guidance for appeals lodged from 2 June 2025 asks for issues to be numbered individually, and issues not identified at the start are not usually considered without proper notice. So number them, and attach them as a separate sheet with your name at the top:

What the plan says. Quote the paragraph exactly.
Why it is wrong. The specific problem (no frequency, "access to", left to the school, therapy in G) and the standard it fails.
Evidence. The report, its author, date and page.
The order you want. The exact replacement wording, or a reference to it in a separate proposed section F.

Our guide to forms SEND35 and SEND35A walks through the rest of the form.

Want your section F rewritten from your child's reports?

Paste one section F paragraph and the need it should meet, and see it rewritten free. The EHC Plan Content Appeal Pack then prepares numbered grounds for sections B, F and I, proposed wording with every number tied to your evidence, an evidence list by paragraph and the SEND35 and hearing steps.

Rewrite one paragraph free →View all pricing options

The mediation certificate and your deadline

Before you can appeal section F you need a certificate from a mediation adviser (section 55(3)). The adviser's details are in the council's letter. Contact them within 2 months of the date the letter was sent (regulation 33 of the SEND Regulations 2014). You do not have to mediate: if you say you do not want to, the certificate must be issued within 3 working days (regulation 34). If you do mediate, the council must arrange it within 30 days, and the certificate follows within 3 working days of the mediation ending. Only an appeal about section I alone is exempt from the certificate (section 55(2)). Our guide to SEND mediation explains the choice.

The appeal itself must reach the Tribunal within 2 months of the date the decision was sent, or within 1 month of the date the certificate was issued if that is later (rule 20 of the Tribunal rules), by 5pm. If the time runs out in August or between 25 December and 1 January, it moves to the first working day after 31 August or 1 January (rule 12). A late appeal is possible, but you must explain the delay and why the appeal should go ahead. Every content appeal deadline is set out in our EHCP appeal deadlines guide.

Send SEND35 online, by email to send@justice.gov.uk (with "New appeal" in the subject line) or by post. Include the council's decision letter, the mediation certificate and the final EHC plan with every document listed in section K. The Tribunal aims to tell you within 10 working days whether the appeal is registered. The council then has 30 working days to respond. There is no fee.

Evidence and the page limits

Since 2025 a practice direction from the Senior President of Tribunals limits the hearing bundle for SEND appeals. For a section B and F appeal each party's evidence is limited to about 100 pages, expert reports to 15 pages including a summary of no more than 2 pages and witness statements to 10 pages. That makes it worth choosing your evidence carefully: the report that quantifies the provision is worth more than five that describe the need in general terms. The Tribunal sends directions with the date for final evidence, so you do not have to have everything when you appeal.

The working document

Before the hearing, you and the council prepare a working document: a copy of the plan showing the wording each side wants. The Tribunal's guidance uses a key: bold for the parent's proposed additions, bold with strikethrough for the parent's deletions, italics for the council's changes and underlining or strikethrough for changes both sides agree. The practice direction limits the final working document to 25 pages of A4 and asks for each change that is not agreed to be linked to the evidence relied on. Keep sections A and E in it for context: the Tribunal looks at whether section F lets your child work towards the outcomes in section E (Code of Practice paragraph 11.49). Our guide to the working document shows how to build it.

After the hearing

A content appeal is decided at a hearing unless both sides agree to a decision on the papers. Most hearings are held by video, and the written decision usually follows within about 10 working days. If the Tribunal orders changes to section F, the council must issue the amended plan within 5 weeks; for section I it is 2 weeks (regulation 44). Compare the new plan with the order line by line, because the duty in section 42 attaches to what the plan actually says. Our guide to what happens at a SEND Tribunal hearing covers the day itself.

Health and social care: what you can and cannot get

If your appeal includes section F, you can also ask the Tribunal to make recommendations about the health and social care sections (C, D, G and H). They are recommendations, not orders: the health body or the council must reply in writing within 5 weeks saying what it will do and why. That is why it matters whether therapy that educates or trains your child sits in section F, where the Tribunal can order the wording and the council must secure it.

Frequently asked questions

Can I appeal section F without appealing section B?

Yes. Section 51(2)(c)(ii) of the Children and Families Act 2014 lets you appeal the special educational provision on its own. In practice it is often wise to include section B as well, because the Tribunal looks for a need in B behind every line of provision in F. If a need your evidence shows is missing from B, the provision you want for it has nothing to attach to.

Do I need a mediation certificate to appeal section F?

Yes. Any appeal that includes section B or F needs a certificate from a mediation adviser (section 55(3) of the Children and Families Act 2014). You do not have to take part in mediation: if you tell the adviser you do not want it, the certificate must be issued within 3 working days. Only an appeal about section I alone is exempt (section 55(2)).

How long do I have to appeal section F?

The appeal must reach the Tribunal within 2 months of the date the council sent written notice of its decision, or within 1 month of the date the mediation certificate was issued if that is later, by 5pm. A deadline that ends in August or between 25 December and 1 January moves to the first working day after 31 August or 1 January. Contact the mediation adviser within the first 2 months.

What if the reports do not give hours or frequencies?

Ask the professional who wrote the report to clarify the type of support, how often, for how long, in what size of group and by whom. The Code of Practice says provision should normally be quantified, and IPSEA suggests asking for clarification where reports are vague. Do not fill the gap with your own estimate: a number with no source is easy for the council to challenge.

Can the Tribunal order therapy in section F?

Yes, where the therapy educates or trains your child. Section 21(5) of the Children and Families Act 2014 treats such health or social care provision as special educational provision, and the Code of Practice says speech and language therapy should normally be recorded in section F. Provision that stays in the health or social care sections can only be the subject of recommendations.

Will there be a hearing?

Usually. A content appeal is decided at a hearing unless both you and the council agree to a decision on the papers and the Tribunal agrees (rule 23 of the Tribunal rules). Most hearings take place by video. You will be told the date and format, and the written decision is usually sent within about 10 working days of the hearing.

What happens if the council does not change the plan after I win?

The council must issue the amended plan within 5 weeks of an order about section B or F, and within 2 weeks of an order about section I (regulation 44 of the SEND Regulations 2014). Check that the new wording matches the order word for word. If the council does not comply, gov.uk says you can complain to the Local Government and Social Care Ombudsman.

This guide is general information, not legal advice. Free specialist help is available from IPSEA and your local SENDIASS, and legal aid may be available depending on your circumstances.