Free guide · When things go wrong

Late plans and missing support

Some problems can't be appealed to the SEND Tribunal: delays, and support written into a plan that isn't being given. For these, the routes are a formal complaint, the Ombudsman and, in serious cases, legal action.

General information for parents and carers in England, not legal advice. Always check the current forms and guidance on GOV.UK, and consider free advice from IPSEA or your local SENDIASS.

Which route for which problem

Council missed a deadline (6 weeks to decide on assessment, 20 weeks for the final plan, 4 weeks after an annual review): use a council complaint, then the Ombudsman.
Support in Section F isn't happening: write to the council citing section 42, then complain. Seek legal advice if it continues.
You disagree with what the plan says: appeal to the SEND Tribunal, not a complaint. See the appeal guide.
A school isn't following its policies: use the school's complaints procedure. For academies, you can then go to the Department for Education.
Disability discrimination by a school: claim to the SEND Tribunal within 6 months.

Section 42: the duty to deliver

Section 42 of the Children and Families Act 2014 says the council must secure the special educational provision in Section F. This duty belongs to the council, even if the school or an NHS service is expected to deliver it. Shortages of staff or money don't remove it. Speech and language therapy that's written into Section F counts as educational provision.

Support in the plan isn't being delivered (section 42)

The council has a legal duty to make sure the support in Section F actually happens.

Your name

Your address

Child's full name

Child's date of birth

Council

School

Which Section F support is missing, and since when

Nothing you type here is sent or saved. Anything in [brackets] still needs filling in.

Making a formal complaint about delay

Every council has a written complaints procedure, usually two stages. Keep it factual: dates, what the law requires, the effect on your child, and what you want done.

Complain about a late EHC needs assessment or plan

For when the council has missed a legal deadline. A formal complaint is the first step before the Ombudsman.

Your name

Your address

Child's full name

Child's date of birth

Council

Date you asked for the assessment

What has been missed

The effect on your child and family

Nothing you type here is sent or saved. Anything in [brackets] still needs filling in.

The Local Government and Social Care Ombudsman

It's free. You normally need to finish the council's complaints process first.
Complain within 12 months of becoming aware of the problem.
The Ombudsman regularly finds fault where EHCP deadlines are missed or Section F provision isn't delivered, and can recommend an apology, a payment for missed provision and changes to council practice.
It generally won't look at things you could appeal to the Tribunal.

Summary for the Local Government and Social Care Ombudsman

Use once the council's own complaints process has finished. Paste this into the Ombudsman's online form.

Your name

Child's name

Council

When you complained to the council

What went wrong

The effect on your child and family

What you want to happen

Nothing you type here is sent or saved. Anything in [brackets] still needs filling in.

When to get legal advice

If provision is still missing after you've written, a solicitor can send a formal "pre-action" letter warning of judicial review. Legal aid can be available, and it's assessed on your child's means, not yours. IPSEA's free advice line can help you decide.

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