The EHCP says your child should receive speech and language therapy. It’s been there for months. Maybe years. But the therapy isn’t happening.
The school says they’re waiting for the NHS. The NHS says there’s a waiting list. The LA says it’s a health provision. And your child goes without.
This is one of the most common problems in the SEND system. Speech and language therapy (SaLT) is the most frequently specified provision on EHCPs, and the most frequently undelivered. But the law does settle who’s on the hook: when the therapy is written into Section F of the plan, it’s the local authority’s job to deliver it, not the NHS’s, and a waiting list doesn’t let them off it.
Section F vs Section G: why it matters
It sounds like paperwork, but which section your child’s therapy is written into is the difference between provision you can enforce and provision you can only complain about. Every EHCP has sections. The critical ones for therapy are:
| Section F (Special Educational Provision) | Section G (Health Provision) | |
|---|---|---|
| Who’s responsible | Local Authority | NHS (Integrated Care Board) |
| Legal duty | Absolute duty to secure (s.42(2) CFA 2014) | Must arrange (s.42(3) CFA 2014) |
| Enforcement | LA complaint, Ombudsman or judicial review | NHS complaints or judicial review only |
| If there’s a waiting list | LA must find another way to deliver | NHS waiting times may apply |
If SaLT is in Section F, the local authority has an absolute, non-delegable duty to secure it, unless you’ve already made suitable alternative arrangements yourself (s.42(5) CFA 2014). “We’re waiting for the NHS” is not a valid excuse. The LA must commission someone else to deliver it if the NHS can’t.
If SaLT is in Section G, the duty falls on the NHS. Enforcement is much harder, limited to NHS complaints or judicial review.
Speech therapy that educates or trains your child is special educational provision under Section 21(5) of the Children and Families Act 2014. This is established law (R v Lancashire CC ex parte M [1989]). When it’s in Section F, the local authority is legally responsible and cannot delegate this duty to the NHS.
Why SaLT belongs in Section F
If your child’s speech therapy helps them learn, and for most children it does, the law already counts it as educational provision no matter which box the LA has ticked. The law on this is settled. Section 21(5) of the Children and Families Act 2014 states that health provision which “educates or trains” a child must be treated as special educational provision.
The SEND Code of Practice, paragraph 9.74, goes further: “Since communication is so fundamental in education, addressing speech and language impairment should normally be recorded as special educational provision unless there are exceptional reasons for not doing so.”
If your child’s SaLT is in Section G, ask for it to be moved to Section F at the next annual review. If the LA refuses, you can appeal to the SEND Tribunal within 2 months of its decision (or 1 month from a mediation certificate, whichever is later). The case law (R v Lancashire CC ex parte M [1989]) and the Code of Practice strongly support SaLT being in Section F.
The waiting list crisis
When the LA tells you they’re waiting on the NHS, this is the backlog they mean, and it’s real. It’s just not your child’s problem to absorb. The numbers are stark:
These figures reflect a systemic workforce shortage. But none of this changes the law. If SaLT is in Section F, the LA must deliver it regardless of NHS capacity.
What to do when SaLT isn’t being delivered
If your child’s EHCP specifies SaLT in Section F and it’s not happening:
- Write to the LA SEND teamState that Section F provision is not being delivered. Quote the specific provision in the EHCP. Ask what the LA will do to secure it.
- Set a deadlineGive the LA 15 working days to respond with a concrete plan.
- Request private commissioningIf the NHS can’t deliver, ask the LA to commission an independent speech therapist. The LA must secure Section F provision by whatever means necessary.
- File a complaintIf the LA still hasn’t secured provision, file a formal complaint under the LA’s complaint procedure.
- Escalate to the Ombudsman or judicial reviewThe SEND Tribunal decides what’s in the plan, not whether it’s delivered. If the complaint doesn’t fix it, escalate to the Local Government and Social Care Ombudsman, or take urgent legal advice on judicial review.
Following these steps makes it clear to the LA that you’re serious. Be specific about what you’re demanding.
When writing to the LA, be specific. Quote the exact wording from Section F of your child’s EHCP. For example: “Section F specifies ‘one 45-minute direct SaLT session per week from a qualified speech and language therapist.’ This provision has not been delivered since [date].”
Is the wording in your EHCP strong enough?
Vague wording is one of the biggest barriers to enforcement. Your EHCP should specify frequency, schedule, and format precisely.
- Instead of “Access to SaLT as required,” it should say “One 45-minute direct individual SaLT session per week.”
- Instead of “Regular SaLT input,” specify “Fortnightly 30-minute sessions from a registered SaLT.”
- Instead of generic “SaLT support,” state exactly what’s being delivered: “Termly assessment and weekly programme delivered by a TA trained and supervised by a qualified SaLT.”
The more specific and quantified the wording, the easier it is to enforce. The specificity principle was established in L v Clarke and Somerset CC [1998] and confirmed under the CFA 2014 in JD v South Tyneside [2016]. Request specific, quantified provision at the next annual review.
When private SaLT is fundable
If the NHS can’t deliver and the LA won’t commission independently, private SaLT may be fundable through direct payments. Under Section 49 of the CFA 2014, personal budgets in EHCPs can include direct payments for special educational provision.
Private SaLT assessments typically cost £180-800, with individual sessions at £65-120. These costs can be covered by direct payments if the LA agrees, or if the tribunal orders it. You can find registered speech therapists through the ASLTIP (Association of Speech and Language Therapists in Independent Practice) directory at asltip.com.
A private SaLT report can be submitted as evidence at annual review or for a tribunal appeal. LAs must consider private reports, and there’s no rule giving NHS reports automatic priority, though a report from a professional whose specialism matches your child’s difficulties carries more weight than a general one.
Getting help
IPSEA provides free legal advice on EHCP provision, including SaLT in Section F and how to enforce delivery.
Your local SENDIASS can support you through annual reviews and help you request changes to your EHCP.
Afasic (0300 666 9410) is a charity supporting children with speech and language difficulties, with advice on accessing SaLT.
ASLTIP (Association of Speech and Language Therapists in Independent Practice) runs a directory to find private, HCPC-registered speech and language therapists.
Don’t accept “we’re waiting”
If SaLT is in Section F of your child’s EHCP, the LA must deliver it. Not “try to deliver it.” Not “wait for the NHS to deliver it.” Deliver it.
NHS waiting lists are a real problem. But they’re not your child’s problem to bear. The law places the duty on the LA. Hold them to it.