Formal Complaint to Local Authority

Use this letter to make a formal complaint if the LA has failed to meet statutory deadlines or follow proper procedures. Step 1 is the LA's own complaints procedure; once it is exhausted you can escalate to the Local Government and Social Care Ombudsman (LGSCO).

Children and Families Act 2014, various sections SEND Regulations 2014 SEND Code of Practice 2015, Chapter 11 Local Government Act 1974 (LGSCO)
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{director_name}
{la_address}

{date}

Dear {director_name},

Re: {child_name} — Formal complaint about handling of EHC needs assessment / EHC plan

I wish to make a formal complaint regarding the way {la_name} has
handled the EHC needs assessment / EHC plan for my child,
{child_name}.

Step 1 — LA complaints procedure
--------------------------------
I am formally requesting that this complaint is registered at Stage 1
of the Local Authority's published complaints procedure. If you have
already considered this matter at Stage 1, please treat this letter
as a Stage 2 escalation. Please send me a copy of the LA's current
complaints policy if it is not already on the LA's website, so I can
follow the correct route through Stage 1 and Stage 2.

What I am complaining about
---------------------------
{complaint_details}

I have already raised these concerns informally on {informal_dates}
but have not received a satisfactory resolution.

Statutory breaches checklist
----------------------------
The following statutory deadlines and/or procedures appear to have
been missed (please tick all that apply when responding):

  - 6 weeks for the decision whether to carry out an EHC needs
    assessment (CFA 2014 s.36(8))
  - 20 weeks from request to issue of the final EHC plan
    (SEND Regulations 2014, reg. 13)
  - failure to hold an annual review within 12 months
    (CFA 2014 s.44(1))
  - missed the 10 working day post-review-meeting decision deadline
    (SEND Code of Practice 9.176-9.184)
  - any other procedural breach: {deadlines_breached}

Step 2 — Escalation to the LGSCO
--------------------------------
If this complaint is not resolved through the LA's internal complaints
procedure I am aware of my right to escalate to the Local Government
and Social Care Ombudsman (LGSCO). The LGSCO routinely treats this
kind of EHC delay as "injustice arising from fault" and awards
compensation, typically in the region of £100–£500 per month of delay
(this is a framework for what the LGSCO considers proportionate, not
something I am demanding from you at this stage).

What I am asking for
--------------------
  1. A written acknowledgement of this complaint within 3 working days.
  2. A full Stage 1 response within 20 working days.
  3. The following remedial actions: {remedial_actions}

Yours faithfully,

{parent_name}
{address}

This template references: Children and Families Act 2014, various sections, SEND Regulations 2014, SEND Code of Practice 2015, Chapter 11, Local Government Act 1974 (LGSCO). Always check that legislation is current before relying on it.

Independent template. See IPSEA's authoritative Template letter 5: Complaining to the Local Authority for comparison. Always check that legislation is current before relying on it.