This covers complaints involving:

• EHCP delays
• refusal to assess
• refusal to issue EHCP
• wrong school named
• failure to provide support
• therapy not delivered
• transport failures
• school placement disputes
• annual review failures
• social care failures
• education provision failures
• disability discrimination
• school exclusions linked to SEND
• safeguarding failures
• local authority SEND failures

Main authorities include:

• Local Authority SEND Team
• Department for Education
• SEND Tribunal
• Local Government and Social Care Ombudsman
• Judicial Review (High Court)

Official GOV.UK page:
EHCP and SEND guidance

FIRST: Decide if this is a COMPLAINT or an APPEAL

This is critical.

A. COMPLAINT = poor service / failure by school or council

Examples:

• EHCP delays
• ignored reports
• therapy not arranged
• school not following EHCP
• transport failures
• annual review failures
• poor communication
• rude SEND officers
• safeguarding concerns
• failure to implement support
• missing provision
• admin failures

This uses the complaint route.

B. APPEAL = you disagree with the legal decision

Examples:

• refusal to assess
• refusal to issue EHCP
• contents of EHCP wrong
• wrong school named
• refusal to amend
• refusal after annual review
• cease to maintain decision

This uses:

mediation + tribunal appeal

not the complaint route.

Official appeal page:
Appeal to SEND Tribunal

PART 1 — FORMAL COMPLAINT TO LOCAL AUTHORITY SEND TEAM

STAGE 1 — Complain to the SEND Case Officer / Team Manager

First complain directly to:

Your Local Authority SEND Team

Examples:

• council SEND department
• EHCP officer
• SEND caseworker
• SEND manager
• education inclusion team

You can usually complain:

• by email
• by letter
• via council complaints form
• through school escalation where appropriate

Find your council:
Find your local council

WHAT TO INCLUDE

Subject:

FORMAL COMPLAINT — EHCP / SEND FAILURE

Include:

• child’s full name
• date of birth
• school name
• EHCP reference
• dates
• what happened
• what provision is missing
• professional reports ignored
• safeguarding concerns
• financial impact
• educational harm caused
• what you want fixed
• request urgent action

STAGE 2 — Formal Council Complaints Procedure

If unresolved:

Use:

Local Authority Formal Complaints Procedure

Ask for:

• Stage 2 investigation
• senior manager review
• director of children’s services review
• compensation where appropriate
• urgent safeguarding escalation

Every council has its own complaints route.

SCHOOL COMPLAINTS (if school is the issue)

If the issue is:

• school refusing support
• unlawful exclusion
• discrimination
• failure to follow EHCP
• SENCO failures
• safeguarding issues

Use:

School complaints procedure

Usually:

1. complain to Headteacher
2. escalate to Governors
3. academy trust if applicable
4. further routes depending on issue

Academies and maintained schools differ.

Official DfE guidance:
School complaints procedures

https://www.gov.uk/government/publications/school-complaints-procedures

PART 2 — MEDIATION (Before Tribunal)

For many EHCP appeals:

You must first contact:

SEND Mediation Adviser

before tribunal.

This is called:

mediation certificate

Even if you do not want mediation.

SEND mediation process

How to arrange mediation

Your local authority will have sent you a letter giving their decision about the EHC plan. The letter will tell you how to contact a mediation service.

If you do not have the letter, contact your local authority to get details of your local special educational needs mediation service.

https://www.gov.uk/appeal-ehc-plan-decision/before-you-appeal

IMPORTANT DEADLINE

Usually:

within 2 months

from the decision letter

OR

1 month

from mediation certificate

(whichever is later)

Official tribunal rules confirm this.

PART 3 — SEND TRIBUNAL APPEAL

If the legal decision is wrong:

Appeal to:

First-tier Tribunal (Special Educational Needs and Disability)

Often called:

SEND Tribunal

Official page:
SEND Tribunal appeal

https://www.gov.uk/government/publications/form-send35-special-educational-needs-and-disability-tribunal-appeal

WHAT SEND TRIBUNAL CAN HANDLE

Examples:

• refusal to assess
• refusal to issue
• contents of Sections B/F/I
• placement disputes
• cease to maintain
• disability discrimination claims (school cases)

PART 4 — LOCAL GOVERNMENT AND SOCIAL CARE OMBUDSMAN (LGSCO)

If complaint routes fail:

Escalate to:

Local Government and Social Care Ombudsman

This covers:

• council delays
• failure to provide education
• transport failures
• poor complaint handling
• maladministration
• missed provision

Official site:
Local Government and Social Care Ombudsman

Usually:

after council complaints process is completed

LGSCO confirms this.

IMPORTANT NOTE

The Ombudsman usually cannot overturn:

SEND Tribunal decisions

but can investigate:

delay, failure, maladministration

This distinction is extremely important.

PART 5 — JUDICIAL REVIEW (High Court)

For unlawful decisions such as:

• emergency school placement failures
• unlawful refusal to provide provision
• unlawful delays
• safeguarding emergencies
• illegal council conduct
• refusal to comply with tribunal orders

Use:

Judicial Review

This is High Court work and usually urgent.

Often requires a solicitor.

Especially important for:

• school refusal
• children out of education
• urgent safeguarding
• social care breakdown
•  

PART 6 — SOCIAL CARE COMPLAINTS

If issue involves:

• respite
• short breaks
• social worker failures
• disability support
• direct payments
• safeguarding

Use:

Children’s Social Care Complaints Process

then Ombudsman.

This often runs alongside EHCP disputes.

PART 7 — SCHOOL TRANSPORT COMPLAINTS

If issue is:

• transport refused
• escort removed
• unsafe transport
• transport delay

Use:

• council transport appeal
• complaint route
• Ombudsman if unresolved

Transport disputes are very common.

PART 8 — DISABILITY DISCRIMINATION

Examples:

• exclusion linked to disability
• refusal of reasonable adjustments
• access failures
• discriminatory treatment

Possible routes:

• SEND Tribunal
• Equality Act claim
• formal complaint
• Ombudsman depending on issue

WHAT TO ASK FOR

Always request:

• immediate provision delivery
• therapy implementation
• emergency placement review
• reassessment
• independent review
• transport reinstatement
• compensation
• written apology
• safeguarding review
• director review
• urgent interim provision

VERY IMPORTANT RULE

Always send COPIES, not original documents, in case they are not returned.

Never send originals unless specifically requested.

Keep:

• EP reports
• SALT reports
• OT reports
• consultant letters
• school records
• attendance evidence
• exclusion records
• transport evidence
• complaint timeline
• proof of posting

This is critical.

Strong Advice

For serious EHCP disputes:

Use BOTH

complaint route + tribunal route

where appropriate.

Many families wrongly use only one.

Often you need both.

Especially Important

If the child is:

out of school

or

missing provision now

this may become:

urgent judicial review territory

Do not wait too long.