CLICK TO DOWNLOAD: Complaining when the LA will not consult with the school or college you request (template letter 14)

When should I use this letter?

If you have just received your draft EHC plan, you should instead go to our section on responding to a draft EHC plan.

This letter is to be used if:

• You have received your draft EHC plan and it has not yet been finalised.
• You have asked for one of the following types of schools or colleges:
  • A maintained school or nursery (mainstream or special)
  • An Academy (mainstream or special)
  • An institution in the Further Education sector
  • A non-maintained special school
  • A section 41 school.
• The LA is either refusing to consult with that school, or has refused your request for a reason other than:
  • The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
  • The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
  • The attendance of the child or young person would be incompatible with the efficient use of resources.

(These are the only lawful reasons for an LA to refuse a request of this kind.)

Who should I write to?

You can use this letter to write to the top person at the LA, usually the Director of Children’s Services. You can find this information and contact details for this person by clicking here. It may help to copy in the LA’s monitoring officer, your ward councillor, and the LA case worker or officer you have been dealing with 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 the LA’s complaints procedure as well as writing to the Director of Children’s Services. See our making a complaint about a LA page 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.