EOTAS, Section F and SEND Tribunal Preparation

Section F should be specific enough that anyone reading it knows what must be delivered, by whom and how often. Where relevant, that usually means setting out:

• What support will be provided
• How often it will be provided
• How long each session will last
• Who will provide it
• The level of expertise or qualifications required
• The group size or staffing ratio
• Where it will take place
• What resources or equipment are needed
• How it links to identified needs and outcomes
• How progress will be monitored and reviewed

The SEND Code of Practice (opens in a new tab) explains what the plan should contain and how provision should be specified.

A need describes something about the child. Provision describes what will be done about it. The two are often confused, and the confusion can leave a plan that describes a child in detail while committing the authority to very little.

For example, “has significant difficulties with written expression” is a need. The provision would describe who teaches what, how often, for how long and with what expertise. A useful test: could a stranger deliver it from the wording alone, and would you know if it had not happened?

Wording of this kind rarely tells anyone what must actually happen:

• Regular support
• Access to tutoring
• Opportunities for therapy
• Support as needed
• A suitable programme
• Frequent contact
• Where appropriate
• As required

Stronger wording names the detail. For example: “Three individual teaching sessions per week, each lasting 90 minutes, delivered by a suitably qualified teacher with experience of teaching children with [relevant need], with the curriculum adapted to the child’s identified learning profile.” That is an illustration of structure only. It is not legal wording for any particular child, and the right wording always depends on the individual evidence.

Requested provision is easier to justify when each element is traceable: the need, the evidence for it, the impact on education, the provision required and the intended outcome. Where a professional report recommends something, it helps if the requested wording reflects that recommendation rather than going noticeably beyond it without explanation.

Parental evidence is relevant, particularly where it is dated, specific and consistent over time. The full checklist is on the how to request EOTAS page.

Appeals about an EHCP are made to the First-tier Tribunal (Special Educational Needs and Disability). Deadlines, mediation requirements and the process itself are set out on GOV.UK: appealing a decision (opens in a new tab) and the Tribunal’s own guidance (opens in a new tab). The right of appeal comes from Section 51 of the Children and Families Act 2014 (opens in a new tab).

Material families commonly gather includes:

• The current EHCP, including the date it was issued or amended
• The decision letter being appealed and the deadline it states
• A clear list of what you want changed, section by section
• Your proposed wording for Section F, element by element
• Professional reports, with dates and authorship clear
• Parental evidence: records, logs, correspondence and observations
• The child or young person’s views, recorded in their own words where possible
• A record of what has been tried, when, and what happened
• Evidence about the provision and why a school or post-16 setting would be inappropriate, where that is in issue
• Costings or quotes where the provision sought has a cost
• A simple index so every point can be traced to a document

Deadlines are strict. Check the date on your decision letter and the current GOV.UK guidance rather than relying on any general description, including this one.

These are three different things, and it helps to be clear which one you have.

Preparation is organising documents, evidence, records and costs so a case is clear and traceable. Advocacy is someone supporting or speaking alongside a family, for example at meetings. Legal representation is regulated work carried out by a solicitor, barrister or other qualified representative, including legal advice on the merits of a case and representation at a hearing.

Simplified Support provides practical preparation and written assistance. We do not provide legal advice or representation. Free, impartial support is also available from your local SEND Information, Advice and Support Service: GOV.UK: SEND support information (opens in a new tab).

Where EOTAS is in issue, Section F still carries the provision. Section 61 concerns where that provision is made: a Local Authority may arrange special educational provision otherwise than in a school or post-16 institution where it is satisfied that provision in such a setting would be inappropriate. Read Section 61 (opens in a new tab).

In practice this means two connected questions: what provision does the child need, and would it be inappropriate for that provision to be made in a school or post-16 institution. A strong Section F does not by itself answer the second question, and a Section 61 argument does not compensate for a vague Section F.

Checked on 22 September 2026. Always check the current version before relying on it.

• Children and Families Act 2014, Section 42 (opens in a new tab)
• Children and Families Act 2014, Section 51 (appeals) (opens in a new tab)
• Children and Families Act 2014, Section 61 (opens in a new tab)
• SEND Code of Practice: 0 to 25 years (opens in a new tab)
• GOV.UK: appealing a decision (opens in a new tab)
• First-tier Tribunal (Special Educational Needs and Disability) (opens in a new tab)

This page provides general information about the position in England. It is not legal advice and does not decide the outcome of any appeal.