Complaining when the provision in an EHC plan is not being made: Model letter 6

How do I know what should be provided?

This should be ‘specified’ in Section F of the EHC plan.

Does the LA have to “arrange” this help?

In law, the LA must “secure the special educational provision” specified in Section F of an EHC plan. Although in practice most of the provision will be made by the school or college, if for any reason they are unable to do so (for example, because they do not have the resources, money or expertise) then the LA must take steps to ensure the provision as set out in the EHC plan is made.

When should I complain?

If you discover that your child or young person is not getting the special educational provision specified in Section F of the EHC plan, or that the provision is being removed or reduced without the EHC plan being amended.

Should I speak to the school or college about this?

Yes, definitely. Speak to your child’s class or subject teacher, the SENCO and the head teacher or principal about your worries as well as writing to complain to the LA.

What if the school or college offers to write on my behalf?

It is OK for the school or college to write as well, but the most important thing is to write yourself. The only one who can take legal action in order to ensure that the child or young person receives the provision specified in their EHC plan is a parent or the young person themselves. The head teacher or principal cannot do this, even if he or she wants to!

Who should I write 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. Your LA’s Local Offer should also clearly set out how a complaint can be made. This can be found on your LA’s website.

Remember to keep a copy of any letter or email you send. If you don’t get a reply within two weeks, you may wish to escalate your complaint to the Local Government and Social Care Ombudsman. If complaining to the Ombudsman is not appropriate – for example, because the matter is serious and urgent – you may need to consider judicial review.

If you need further advice, you can book an appointment to speak with us.