You may wish to make a complaint about your local authority (LA) if it is failing in its duties – whether by failing to provide what it is legally required to provide, by causing significant delay, or by failing to comply with the law. You can find details of your LA online. 

The first step is usually to follow the LA's own complaints procedure (in some judicial review cases this won't be appropriate). How to complain should be explained in your LA’s local offer; if the LA has not put its complaints policy on the website then ask for a copy of the complaints procedure from their offices. This should set out the time limit for replying to a complaint.

Check our model letters to see whether we have a template relating to what you’re complaining about.  You can use the information in our model letters to help explain your complaint but make sure you follow the LA’s complaints procedure. For example, if your LA requires complaints to be submitted via an online form you will have to copy and paste relevant sections of the model letter into the form.

The LA’s complaints procedure will tell you who to send your complaint to. 

Formal complaints should be made in writing in line with your LA’s complaints procedure. Make sure you keep a copy of your complaint and something which proves it was delivered. For example;

• If complaining by email, save a copy of the sent email.
• If complaining by letter, use recorded delivery, or ask for a receipt if delivered by hand, and make sure you keep a copy for your own records.
• If you send your complaint using an online form and it's not clear whether you will receive a copy of it, take screen shots of the completed webpages before you click submit.

Writing to the Director of Children’s Services

As well as following the LA’s complaints procedure, we suggest writing directly to the Director of Children’s Services. You can use one of our model letters to do this.

Even if the complaint relates to a young person rather than a child, the Director of Children’s Services is the person to complain to about matters relating to special educational needs and disabilities (“SEND”) and education support. You can find out the contact details for the Director of Children’s Services of each LA here.

When you write to the Director of Children’s Services, 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 above, you should keep a copy and proof of delivery of any letter or email you send.

What next?

If complaining to the LA does not solve the problem, you can complain to the Local Government and Social Care Ombudsman or, if the issue is urgent, you may be able to challenge the LA via judicial review instead.

If you need further advice, you can book an advice line appointment with IPSEA.