Pursuing a complaint with the council about an EHCP is absolutely your right, especially when you believe there has been an unlawful process or systemic misunderstanding. Many parents feel your frustration, and it’s important to know that councils have a legal duty to consider and respond to formal complaints about SEND services. Raising your concern could help prompt necessary improvements, not only for your child but for others as well, and does not need to cause additional difficulties for families if the process is handled correctly.
Follow the official complaints procedure, usually a two-stage process. Firstly, submit your complaint in writing (email is usually accepted), clearly referencing the points where you believe the law was not followed.
Use template letters from organizations like IPSEA to help you clearly outline your concerns.
If you remain dissatisfied after the final response, you can escalate the complaint to the Local Government Ombudsman, who can investigate cases where the council’s actions have resulted in an injustice or failed to meet statutory duties.
You are not alone in noticing how stretched resources affect outcomes, but that does not excuse the council from following the law. Pursuing a complaint is about accountability and making sure processes improve in the long run, which benefits all children, especially the most vulnerable. Councils cannot lawfully avoid duties simply because budgets are tight.
Raising your voice ensures this issue is recognized.
Challenging as it is, the long-term impact of a well-evidenced complaint can prompt change for your family and others, even if progress is gradual. It’s perfectly valid to want an honest admission and future improvements, and many other parents feel the same way. If you need support, SENDIASS or IPSEA are excellent sources of advice and advocacy during the process.