Template letter 6: Letter to LA when the provision in an EHC plan is not being made

This template letter is for general advice purposes and will need to be tailored to your own individual circumstances. Please read all the information on this page and, if possible, we recommend you take advice on using this letter.  

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 from the date of the 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 write to the LA? 

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 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? 

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 on the ADCS website. 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. 

Should I make a formal complaint as well? 

Failure to deliver the special educational provision in an EHC plan is a very serious matter and means the LA is not complying with the law. Therefore, if completing your LA’s complaints process is not appropriate (perhaps because the matter is or has become serious and urgent) we recommend you use our template letter to alert the LA to the issue and take advice on starting a process called judicial review  instead of making a formal complaint.  

If the situation is not urgent, you may prefer to complain but first check your LA’s complaints procedure for how long this would take. This can be found in your LA’s Local Offer on its website.  If necessary, after following the LA’s complaints procedure, you can escalate the complaint to the Local Government Social Care Ombudsman. If a complaint goes through all stages of the LGSCO’s process, it can take many months to resolve. So again, if the situation is serious and urgent, we recommend you consider judicial review instead of making a formal complaint. 

If you decide to complain, your LA’s Local Offer should clearly set out how a formal complaint can be made in its complaints procedure. If complaining, you should follow the LA’s complaints procedure as well as writing to the Director of Children’s Services. See our page on  taking action when things go wrong with a local authority  for more information.