Who is responsible for the quality of commissioned provision in England (whether or not it is meeting need)?

If a AP is named and it is just meeting identified need, but the quality is poor, who would be responsible for ensuring the quality improves?

Should I issue JR proceedings when school cannot meet need but LA named on EHCP? Our daughter is due to start school in September. She is 4 years old. We applied for a school place and the nearest school offered a place. A draft EHCP has been issued naming the school in section I. The school have now been formally consulted with the EHCP and have said they cannot meet need. This is not a surprise to us and we suspect she needs an EOTAS package. If the final EHCP lists the school in section I, despite school saying they cannot meet need, where does this leave us? Her anxiety is high and she refused to attend preschool setting. Waits for the tribunal are likely 12+ months. Is judicial review the best option for us to challenge rationality of decision to name school in Section I that cannot need need?