Complaining when the LA will not consult with the school or college you request: Model 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?

The covering letter sent by the LA with the draft EHC plan should give you the contact details of the person you should get in touch with.

If you are not sure who to write to, then contact the most senior person at the LA, usually called the Director of Education or Head of Children’s Services. You can find out the name and contact details of the most senior officer on the LA’s website, by calling the LA, or by asking at your school or college.

Remember to keep a copy of any letter or email you send. If you don’t get a reply within two weeks, or if you need further advice, you can book an appointment to speak with us.