CLICK TO DOWNLOAD: Complaining when your LA has not completed the annual review of an education health and care plan (model letter 8)

When should I complain?

Following an annual review your LA must make one of three decisions:

  • To amend (change) the EHC plan
  • To cease (stop) the EHC plan, or
  • To leave the EHC plan as it is.

You can appeal and mediate any of these decisions. If your LA decides to stop the EHC plan or leave it as it is, you can appeal the decision (subject to considering mediation) as soon as your LA sends to you its decision letter. If your LA decides to change the plan, you can appeal this (again subject to considering mediation) once the final amended plan is sent to you.

We have seen that some LAs tend not to write to you as parents or young people to confirm their decision to leave the EHC plan as it is, as it is a choice to do nothing. It is very important you get written confirmation of your LA’s decision though. This is because you cannot appeal your LA’s decision not to change the EHC plan until your LA sends to you its decision.  

Your LA must tell you what it has decided within four weeks of the annual review meeting taking place. Even if it has failed to hold a meeting, the LA must tell you its decision either within 12 months of the EHC plan being made or 12 months from a previous review of the EHC plan.

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 online. 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.

 

If you haven’t been able to find the answer to your question on this page, see our FAQs.