Which EHCP sections can I appeal?

You can appeal Section B (special educational needs), Section F (special educational provision), and Section I (the school or institution named). You cannot appeal Sections A, C, D, E, G, H1, H2, J or K to the SEND Tribunal — though concerns about health (Section G) or social care (Sections H1/H2) can be addressed through other complaint routes.

What is the difference between Section B and Section F?

Section B describes the needs (what is wrong); Section F describes the provision (what will be done about it). Every need in B must have corresponding provision in F. A common LA mistake is to describe a need in B without specifying provision in F to address it.

What is the difference between H1 and H2?

Section H1 covers social care provision the LA must provide under section 2 of the Chronically Sick and Disabled Persons Act 1970 — this is for children under 18 with disabilities. Section H2 covers any other social care provision the LA reasonably considers necessary, including post-18 provision under the Care Act 2014.

Can I get a personal budget through Section J?

Yes. Where you have an EHCP and an element of the provision is suitable for direct management, you can request a personal budget. Funding can be paid as direct payments to you, held by the LA on your behalf (notional budget), or held by a third party (third-party arrangement). Not all provision can be paid through a personal budget.

What is in Section K?

Section K lists the advice and information gathered during the EHC needs assessment, with copies of the reports usually attached as appendices. This includes the EP report, school's advice, health and social care advice, and any independent reports submitted.

How specific does Section F have to be?

Section F must be specific, detailed, and quantified. Case law (most importantly L v Clarke and Somerset CC [1998]) confirms that vague phrases like 'access to', 'as required' or 'where appropriate' are legally inadequate. It should specify type, frequency, duration, and the qualification or role of the person delivering it.

Can the LA refuse to include something I ask for in the EHCP?

Yes — the LA decides what to include after assessment, but its decisions are appealable on Sections B, F and I. If you disagree with what the LA has put in (or left out of) those sections, you have 2 months from the final EHCP to register a Tribunal appeal.

EHCP Structure

EHCP sections explained: a complete guide to A through K

Every EHCP must follow the same structure set out in regulation 12 of the SEN and Disability Regulations 2014. Each section has a specific legal purpose, and only three sections (B, F and I) can be appealed to the SEND Tribunal. This page walks through every section in turn — what it must contain, what to look for, and how to challenge problems.

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Quick answer

An EHCP has 12 sections labelled A through K (with H split into H1 and H2). Sections B, F and I are appealable to the SEND Tribunal — these cover needs, provision, and the named school. The most important is Section F: the LA has a statutory duty under section 42 of the Children and Families Act 2014 to secure the provision specified there.

Quick reference: what each section covers

AThe views, interests and aspirations of the child and parentsNot appealable

BSpecial educational needs (SEN)Appealable

CHealth needs that relate to SENNot appealable

DSocial care needs that relate to SENNot appealable

EOutcomes soughtNot appealable

FSpecial educational provision (SEP)Appealable

GHealth provisionNot appealable

H1Social care provision required under CSDPA 1970 (under 18s)Not appealable

H2Other social care provisionNot appealable

IName of the school or other institution to be attendedAppealable

JPersonal budgetNot appealable

KAdvice and information gatheredNot appealable

Section A — The views, interests and aspirations of the child and parents

A short narrative section capturing what the child wants, what is important to them, what they enjoy, and what their parents hope for. Often written collaboratively or in the child's own voice. Not appealable, but important — it should inform the outcomes (Section E) and provision (Section F).

Use direct quotes where possible
Cover education, social, emotional, and aspirations
Make it specific to your child — generic descriptions are less useful

Section B — Special educational needs (SEN)

A description of every special educational need your child has, drawn from the assessment evidence. Section B is the foundation — every need described here must have corresponding provision in Section F. Appealable.

Each professional report's findings should appear here
Group needs by area: cognition and learning, communication and interaction, social/emotional/mental health, sensory/physical
If a report identifies a need and Section B does not capture it, raise this in the draft stage

Read more in our dedicated guide to appealing Section B.

Section C — Health needs that relate to SEN

Health needs that affect or arise from the child's SEN. Not all health needs go here — only those linked to the SEN. Drawn from health professional advice provided during assessment. Not appealable to SEND Tribunal but can be raised in NHS complaints.

Should reflect paediatric, CAMHS, OT, SALT, or other clinical reports
Includes mental health needs that affect education
Section G provision must address each Section C need

Section D — Social care needs that relate to SEN

Social care needs identified through the assessment, including any 'children in need' assessment under section 17 of the Children Act 1989 or disabled children's assessment. Not appealable to Tribunal but can be challenged through the LA complaints process or LGSCO.

Often under-developed in EHCPs because LA social care teams are slow to engage
Request a Children and Families Act assessment alongside the EHC assessment if you have not had one
Sections H1 and H2 must address each Section D need

Section E — Outcomes sought

The outcomes the EHCP is intended to help the child achieve, typically over the next year and at the end of each phase of education. Outcomes should be SMART: specific, measurable, achievable, realistic, and time-bound. Not appealable on its own, but if outcomes are wrong they will infect Section F.

Each outcome should map to needs in B/C/D
Avoid vague outcomes ('to make progress') — they should be measurable
Long-term aspirations (Section A) should inform long-term outcomes

Section F — Special educational provision (SEP)

The legally enforceable provision the LA must secure. Must be specific, detailed and quantified — type, frequency, duration, and who delivers it. This is the only section that gives your child a personally enforceable right to specific support. Appealable.

Every Section B need must have corresponding Section F provision
Watch for vague phrases: 'access to', 'as required', 'where appropriate', 'regular', 'opportunities for'
Provision should specify the qualification of the person delivering it (e.g. qualified speech and language therapist, not 'appropriate professional')

Read more in our dedicated guide to appealing Section F.

Section G — Health provision

Provision the responsible commissioning health body (typically the ICB — Integrated Care Board) reasonably considers necessary to meet Section C needs. Not appealable to SEND Tribunal but can be challenged through NHS complaints and the Parliamentary and Health Service Ombudsman.

Each Section C health need should have corresponding Section G provision
If health provision is named here, the ICB must commission it
Disputes can be referred to the National Trial of extended SEND Tribunal powers in some areas

Section H1 — Social care provision required under CSDPA 1970 (under 18s)

Social care provision the LA must provide under section 2 of the Chronically Sick and Disabled Persons Act 1970 — for children under 18 with disabilities. This duty is enforceable through the LA's own complaints process and judicial review.

Triggered by a disability assessment under section 17 of the Children Act 1989
Provision is whatever the LA assesses as needed — it is a hard-edged duty, not subject to resources
Examples: short breaks, direct payments for care, equipment

Section H2 — Other social care provision

Any other social care provision the LA reasonably considers necessary, including provision under the Care Act 2014 for young people aged 18+. Not appealable to SEND Tribunal but enforceable through complaints, LGSCO, and judicial review.

Particularly relevant from age 18 when transition to adult services begins
Includes residential placements, supported accommodation, day services for adults
Should reflect the outcomes in Section E for post-18 living

Section I — Name of the school or other institution to be attended

The school or institution your child will attend, named individually (not 'a mainstream primary'). The LA must consult the school under section 39 of the Children and Families Act 2014 and name it unless narrow exceptions apply (unsuitable to age/aptitude/SEN, incompatible with efficient education of others, or incompatible with efficient use of resources). Appealable.

You can name maintained schools, academies, FE colleges, NHS hospital schools, and independent special schools approved under section 41
For other independent schools, you can ask but the LA is not bound to name (section 9 cost arguments may apply)
Type of school (mainstream/special) is also part of Section I and is appealable

Read more in our dedicated guide to appealing Section I.

Section J — Personal budget

Where requested and agreed, the personal budget for elements of the provision in Sections F, G, H1 or H2. Can be a direct payment to the family, a notional budget held by the LA, or a third-party arrangement. Not appealable to SEND Tribunal but appealable to the LA's adult social care complaints process where it relates to social care.

Right to request — request in writing during assessment or at annual review
LA must consider but can refuse with reasons
Elements of Section F (e.g. specialist teaching) can sometimes be paid via personal budget

Section K — Advice and information gathered

A list of all the advice and information gathered during the EHC needs assessment. The reports themselves are usually attached as appendices to the plan. Not appealable but useful — if a report is not listed, it may not have been considered.

Check that all reports you submitted are listed
If a critical report is missing, ask the LA to include it
Section K is the foundation for Tribunal evidence — every report listed here should be in your bundle

Reviewing each section of a draft or final EHCP

Section A reflects your child's actual voice and your aspirations
Section B captures every need identified in the professional reports
Section C and G match — every health need has corresponding health provision
Section D and H1/H2 match — every social care need has corresponding provision
Section E outcomes are SMART and link back to needs
Section F is specific, detailed and quantified — no vague language
Section F contains provision for every need in Section B
Section I names the school individually and reflects your preference where lawful
Section J reflects any personal budget you have requested
Section K lists every report submitted

Common drafting errors LAs make in each section

Section B copied from previous year's plan without updating to reflect new evidence
Section C describing all health conditions, not just those related to SEN
Section E containing only generic outcomes ('to make progress in literacy')
Section F using vague language ('regular access to', 'as required', 'when appropriate')
Section F omitting provision for needs identified in Section B
Section H1 missing entirely because no children's social care assessment has happened
Section I naming a school type ('mainstream primary') instead of an individual school
Section K not listing reports that were submitted but rejected by the LA

Frequently asked questions

Which EHCP sections can I appeal?: You can appeal Section B (special educational needs), Section F (special educational provision), and Section I (the school or institution named). You cannot appeal Sections A, C, D, E, G, H1, H2, J or K to the SEND Tribunal — though concerns about health (Section G) or social care (Sections H1/H2) can be addressed through other complaint routes.
Why is Section F the most important section?: Section F sets out the special educational provision your child must receive. Once finalised, the LA has a statutory duty under section 42 of the Children and Families Act 2014 to secure that provision. It is the only section that creates a directly enforceable individual right to specific support.
What is the difference between Section B and Section F?: Section B describes the needs (what is wrong); Section F describes the provision (what will be done about it). Every need in B must have corresponding provision in F. A common LA mistake is to describe a need in B without specifying provision in F to address it.
What is the difference between H1 and H2?: Section H1 covers social care provision the LA must provide under section 2 of the Chronically Sick and Disabled Persons Act 1970 — this is for children under 18 with disabilities. Section H2 covers any other social care provision the LA reasonably considers necessary, including post-18 provision under the Care Act 2014.
Can I get a personal budget through Section J?: Yes. Where you have an EHCP and an element of the provision is suitable for direct management, you can request a personal budget. Funding can be paid as direct payments to you, held by the LA on your behalf (notional budget), or held by a third party (third-party arrangement). Not all provision can be paid through a personal budget.
What is in Section K?: Section K lists the advice and information gathered during the EHC needs assessment, with copies of the reports usually attached as appendices. This includes the EP report, school's advice, health and social care advice, and any independent reports submitted.
How specific does Section F have to be?: Section F must be specific, detailed, and quantified. Case law (most importantly L v Clarke and Somerset CC [1998]) confirms that vague phrases like 'access to', 'as required' or 'where appropriate' are legally inadequate. It should specify type, frequency, duration, and the qualification or role of the person delivering it.
Can the LA refuse to include something I ask for in the EHCP?: Yes — the LA decides what to include after assessment, but its decisions are appealable on Sections B, F and I. If you disagree with what the LA has put in (or left out of) those sections, you have 2 months from the final EHCP to register a Tribunal appeal.

Sources and further reading

SEN and Disability Regulations 2014 — Regulation 12 (content of EHC plans) — Required structure and content of every EHCP
Children and Families Act 2014 — section 37 (issue of EHC plans) and section 42 (duty to secure provision) — Statutory duty on LAs to deliver Section F
SEND Code of Practice 2015 — Chapter 9, paragraphs 9.61 to 9.69 (content of EHC plans) — Detailed guidance on each section
L v Clarke and Somerset County Council [1998] ELR 129 — case law on Section F specificity — Leading authority requiring Section F to be specific, detailed and quantified

This is general information, not legal advice. EHCP Clarity helps parents organise and prepare their own materials. It does not provide legal advice, legal representation, or tribunal advocacy, and nothing on this page should be relied on as a substitute for advice about your specific situation. For free independent expert support, contact IPSEA, SOS!SEN, or your local SENDIASS. For legal representation, instruct a SEND solicitor.