A plain-English guide to your child's rights when the school says money is the problem
Has your child's school mentioned that funding is tight, or that they are struggling to pay for the support in your child's EHCP (Education, Health and Care Plan)?
We know this can be worrying. Schools are often under real pressure with budgets. But it is helpful to know that the law protects your child's right to the support written in their EHCP, no matter what the funding situation is.
This guide explains how the funding works, what your child is entitled to, and how to get help if support is not happening. It covers England only.
Your child has a legal right to every piece of support written in Section F of their EHCP. This right does not depend on how much money the school has.
Your child's EHCP is a legal document. Section F lists the special educational support your child is entitled to. The law uses the word "must" — which means it is the council's responsibility to make sure it happens.
The legal duty to make sure this support happens sits with the local authority (your council), not with the school. So if the school is finding it hard to pay, it is something the school and the council need to work out together. Your child's support should continue while they sort it out.
"The local authority must secure the specified special educational provision for the child or young person."
It can help to understand how schools get money for SEN support. The system has three parts:
How the money is divided between the school and the council is an arrangement between them. It does not change what your child is entitled to.
If the school has used up its SEN budget, the next step is for the school to discuss this with the council — not to reduce your child's support. The council has a legal responsibility to make sure the funding is there.
You may hear the phrase "best endeavours." This is a legal duty that applies to all children with SEN, including those without an EHCP. It means the school should try their best.
For children with an EHCP, there is a stronger responsibility under Section 42. It is the council's duty to make sure the support actually happens — not just try. This is an important difference to be aware of.
Schools are often doing their best in difficult circumstances. But it is helpful to know the facts so you can have an informed conversation. Here are some things you might hear, and what is useful to know.
"We don't have the funding for this support."
The school may well be under budget pressure — many are. But funding for EHCP support is something the school can discuss with the council. The council has a duty to make sure the funding is available for the support listed in the EHCP. You could gently ask the school whether they have requested additional funding from the council.
"We are doing our best."
Schools often are trying hard, and that is appreciated. For children with an EHCP, the law sets a specific standard: the support in Section F is expected to be delivered. If the school is struggling to provide it, the council can help find a way to make it work.
"We can't find a speech therapist / specialist."
Recruiting specialists can be genuinely difficult. If the school is having trouble, the council may be able to help — for example, by arranging the support through a different provider or funding a private therapist. It is worth raising this with the council's SEN team so they can explore options together.
"We don't have staff for 1:1 support."
If 1:1 support is written in your child's EHCP, it needs to be provided. The school can ask the council for funding to hire the right person, or the council may help arrange it another way. You can let the council's SEN team know if this support is not in place.
"Other children need support too."
All children with SEN needs deserve support. Your child's EHCP sets out what your child specifically needs, and the council has a duty to make sure it is delivered. One child's support does not take away from another's — the system is designed to fund each child's needs individually.
"The support is under review" or "We'll start next term."
Annual reviews are a normal part of the EHCP process. However, until the EHCP is formally changed through the proper review process, the support written in Section F should continue. If there is a delay, it is worth asking the school and the council for a clear timeline.
The best outcomes usually come from working together with the school and council. These steps start with conversation and only move to formal routes if needed.
Look at Section F of your child's EHCP. This lists all the special educational support your child should be getting. Make a note of anything that is not currently happening, and roughly since when.
Keeping a simple written record is always helpful — it makes conversations clearer for everyone.
The SENCO (Special Educational Needs Coordinator) is your main point of contact. You could ask: "Can we go through Section F together and talk about how each piece of support is being delivered?"
If funding comes up, you could ask: "Have you been able to discuss additional funding with the council?"
It helps to follow up any meeting with a short email summarising what was discussed.
Every council in England is required to provide a free service called SENDIASS (Special Educational Needs and Disabilities Information, Advice and Support Service). This is required by law.
SENDIASS can help you understand your child's rights, prepare for meetings, and write letters. They are impartial — they do not take sides.
Find yours: gov.uk SEND guide for parents
If the school has not been able to resolve things, you can write to the council's SEN team directly. Let them know which parts of Section F are not being delivered, and ask them to help make sure the support is put in place.
IPSEA has a helpful template letter you can use: IPSEA Template Letter 6
You can request that the council reviews your child's EHCP at any time. An annual review is a chance for everyone — you, the school, and the council — to look at whether the plan is working and what might need to change.
If these steps do not resolve things, there are formal routes available to you. These include using the council's complaints procedure, mediation (which is free), or appealing to the SEND Tribunal. The organisations listed in Section 5 below can talk you through these options and help you decide what is right for your situation.
You do not need to navigate this alone. These organisations offer free advice and support to parents. They understand the EHCP system and can help at any stage.
Free, impartial, confidential
Every council has one by law
sendiass.orgThis is the main law about EHCPs. Here are the key parts:
This is official government guidance that councils and schools are expected to follow. Key points:
Over the years, courts have looked at cases where EHCP support was not delivered. These decisions help us understand what the law means in practice:
Your child's EHCP sets out the support they need to learn and thrive. Understanding your rights helps you have better conversations with the people who are there to help.
Schools and councils are often working hard under pressure. Most of the time, concerns about EHCP support can be resolved through good communication between parents, schools, and the council's SEN team.
You are your child's best advocate. Knowing the facts helps you ask the right questions and work with the school and council to make sure your child gets what they need. And if you need support along the way, the organisations listed above are there to help — for free.
Disclaimer: This guide is for information only. It is not legal advice. The law described applies to England only (Wales, Scotland and Northern Ireland have different systems). While every effort has been made to ensure accuracy, laws and guidance can change. If you need advice about your specific situation, contact IPSEA, your local SENDIASS, or a solicitor who specialises in education law. This guide was last reviewed in April 2026.