CLICK TO DOWNLOAD: Complaining when a local authority does not respond to a request for assessment within the time limit (template letter 9)

What is the time limit for the local authority to respond to a request for assessment?

Your local authority (LA) must notify you of its decision on your request for assessment within six weeks of receiving it.

When does the time limit start?

The six week time limit runs from the date your LA receives your request for assessment. When it is classed as ‘received’ will depend on the method used to send it. If it is:

1. delivered by hand, the six weeks runs from the day of delivery (or the following working day if it is delivered after 5pm or on a non-working day)
2. sent by signed for delivery, the six weeks runs from the date on which a representative of the LA signs for it (you will be able to check online when the item was delivered)
3. sent by first class post, the six weeks runs from the next working day after it was posted, or
4.      sent by e-mail, the six weeks runs from the day that it is sent (or the next working day if it is sent after 5pm or on a non-working day).

Are there exceptions to the time limit?

There are some circumstances in which an LA may not be required to comply with the six week time limit if it would be impractical for it to do so. These are where:

(a) the LA asks for advice about the request from a school, college or early years provider during a time when it is closed for a period of longer than four weeks (in the summer holidays, for example), or in the week before it closes for such a period, or

(b) during the six week period, exceptional personal circumstances affect the child, the child’s parent or the young person, or they are away from the area for more than four weeks.

The LA will only be able to rely on one of these exceptions if it can show that making the decision on time would be impractical.  Your LA must still notify you of its decision on your request as soon as possible.

When should I complain?

You should complain as soon as the six week period has passed.

Who should I write to?

You can use this letter to write to the top person at your LA, usually the Director of Children’s Services. You can find the information and contact details for this person on the Association of Directors of Children’s Services website. It may help to copy in  your LA’s monitoring officer, your ward councillor, and your LA case worker or officer as well.

Your LA’s Local Offer should clearly set out how a formal complaint can be made in its complaints procedure. This can be found on your LA’s website. You should follow your LA’s complaints procedure as well as writing to the Director of Children’s Services. You may find it helpful to take a look at our page on making a complaint about an LA for more information.

Remember to keep a copy of any letter or email you send.

If you don’t get a reply after five working days, or if you need further advice, you can book an advice line appointment with IPSEA.