Use this letter when emails to the SEN team haven’t fixed the problem. A formal complaint is usually needed before the Ombudsman will look at your case.
In short
- Use the council’s complaints process. Most councils have two stages.
- Say what went wrong, what you have already done, how it affected your child and what you want.
- If the complaint doesn’t fix it, you can go to the Local Government and Social Care Ombudsman for free.
Before you send it
- Find the council’s complaints page. Some councils have an online form. You can paste this letter into it.
- List the dates of every email, call and missed deadline.
- Decide what would put things right, for example a date for the plan, the missing support or a meeting.
The letter
Subject: Formal complaint: [missed EHCP deadlines / support not provided] for [child’s full name], date of birth [date of birth]
Dear Complaints team,
I am making a formal complaint under the council’s complaints procedure about the council’s handling of the EHCP for my child, [child’s full name], date of birth [date of birth].
What went wrong
- [First problem, with dates. For example: the final plan was due by 3 March and has not been issued.]
- [Second problem, with dates]
What I have already done
- [Date]: [email or call, who to, and the reply if any]
- [Date]: [email or call, who to, and the reply if any]
How this has affected my child and family
[Two or three sentences. For example, missed support, time out of school, anxiety, or costs you have paid.]
What I want the council to do
- [For example: issue the final plan by a set date]
- [For example: provide the missing support in Section F straight away]
- [For example: apologise and explain how it will prevent this happening again]
Please acknowledge this complaint and tell me when I can expect a full response.
Yours faithfully,
[Your full name]
[Your address, phone number and email]
What happens next
Keep a copy. If the council’s final response doesn’t fix the problem, or it takes too long, you can complain to the Local Government and Social Care Ombudsman. Read what to do if the council misses an EHCP deadline.
A complaint doesn’t stop appeal deadlines. If you want to appeal a decision, do that too. The time limit is usually 2 months from the decision. Read how to appeal an EHCP decision.
This is a template, not legal advice. For advice about your situation, contact IPSEA or your local SENDIASS.