Who can I complain to?

[Whysomuchrain]

Good morning everyone,

I’m just wondering who can you complain to when the LAs are being exceptionally rubbish and not providing anything? (Child with an EHCP and in appeal) so it gets rejected by the regular LA complaint process and LGO won’t look at it.

Also, on the flip side you always here about parents receiving fines if their children miss school - however is there any thing I can do to flip the position back onto the LA for a cash reward due to them being incompetent? For the stress and lack of education / provision that hasn’t happened? For making me be the sole carer as the child isn’t at school? (Note there is not a school that will take my child - hence now CME - EHCP in appeal as obviously they didn’t update the EHCP correctly)

The case worker is absolutely useless so she is no help and her manager is just horrific.

Done a PAP the LA admitted fault for breaching the law and sorry but that is it. Still in the same position with nothing. Wrote to the head of children services it all gets wiped under the carpet as such no response. I had the mp get involved and they say they are still enquiring blah blah blah.

The provider they suggested is not suited to the child (no direct experience with working with that sen) but obviously the cheaper option. So infuriating. Plus what really annoys me is that if you're in school you get a teacher but if you’re “lucky” enough to get AP then you get a “tutor” without being a teacher. But yet to receive anything.

Is there something else I could look at?

Thank you for any advice.

Firstly, have you requested an expedited hearing on the basis DC isn’t in school?

Secondly, the normal complaints process/going to the LGO would be too long to be a suitable remedy anyway. Instead, if the LA is in breach of section 42 of the Children and Families Act 2014 by failing to provide the provision detailed, specified and quantified in F &/or they are in breach of section 19 of the Education Act 1996 because they are not ensuring a compulsory school aged pupils unable to attend school are still receiving a suitable full-time education and a pre-action letter hasn’t worked, JR proceedings will resolve the situation. Although, it will take perseverance to find someone with capacity to take you on.

Some have success requesting a TCMH asking for interim provision to be made. However, this doesn’t always work. Sometimes it is refused. Even if SENDIST agree to a TCMH, it will not be quick.

Thank you for your reply. When I logged the appeal it was already a transition child so I'm not sure why they even gave me a date after Sept. I’m a bit worried that they will give me a date within the school holidays - or can you specify you don’t want a date within school holidays? (Childcare issues)

Oh I didn’t even know about this - TCMH - how long roughly? Although if I get what the LA are suggesting with the supplier / tutor I’m not sure I even want it. They have rejected the prime provider which would best suited to my child as it would be a “waste of public funds” by the glorious mysterious panel (even though so many children use this provider within the same LA and they on their approved list so it’s just a lottery).

Im completely at my limits dealing with this LA. Even though they have to do another beyond useless AR.

Thank you for your advice I really appreciate it - I will look into a TCMH

When was your appeal registered? Unfortunately, there isn’t the court time to hear all phase transfer appeals before September or even in Sept. Some are listed for October and some are now coming back with November dates. If your HD is after that, request an expedited hearing via a SEND7. Don’t forget to seek the LA’s views first. You won’t get a date before September without switching to a paper hearing (I wouldn’t recommend) or, if you are lucky, an August hearing (although I hear you on the childcare problems so it may not work for you and you don’t have to agree to it if offered. You may not get offered one anyway.) but it is worth doing if your appeal is in December or not until 2026. You are looking several weeks for a TCMH (for a non-urgent issue for a hearing that isn’t imminent) I’m afraid. Maybe even a couple of months. Still worth trying if your hearing isn’t until the end of the year/next year.

Section 19 provision has to be suitable. If it isn’t suitable, it doesn’t relieve them of their duty. For their s42 duty, the provision offered must meet the requirements set out in F. If it doesn’t, the fact one provider costs more than the one they want to use is irrelevant.

Thank you for your comment. Hmmm not great then probably have to wait it out.

At the AR I will tape and then do a documented email of their views - so thank you for the tip (the LA are theoretically still searching for a school get a monthly updated email but they can’t find one)

It was registered in November 2024 and a date of the last week in Oct 2025 even as a transition child / CME and the tribunal knew that. I didn’t bring it forward as I was just exhausted / stressed out with everything at the time and I wasn’t 100% exactly what would suit my child (regards providers / provisions / what would work / what wouldn’t work / a suitable school that would work) so I didn’t really have the energy to fight for it to come forward. However clocking up to 1.5 yrs CME with an EHCP I foolishly thought I’d get AP (that got rejected at first even using the Ipsea letter so then had to wait for a private psychiatrist for the evidence to “gain” AP as the standard GP isn’t authorised to write “that” letter as evidence which the LA was demanding) also I thought that if we received the AP that would of been my evidence for the tribunal however this isn’t the case as now there is nothing.

The panel say no and when the case worker replies they will ask the panel - so it just on and on like this even though the PAP / complaints prove on paper they are breaching the law and at fault. So can’t move forward. it’s a game of ping pong with the providers say yes they can do it but no working evidence that the provider has worked with that type of Sen so we are still sat here with nothing. Also the MP is at stale mate with the LA.

If there is nothing in place by Sept I’ll just probably pay which I was really reluctant previously as can easily clock up several thousands in a short amount of time but nothing is moving forward and ultimately the child is missing out. So even though the LA is at fault there is nothing. So I’m not sure why other people receive the provider / AP when we get nothing or whether it’s based on if you have nice caseworkers promoting the child for the panel.

thank you for taking the time to comment I really appreciate it - but at least another day closer to a tribunal today :-)

Unfortunately, many only get provision by enforcing the provision.

Even if you intend to, don’t let the LA know you will pay. If you do, they are less likely to concede.

A BFI appeal registered in November 2024 wouldn’t have been prioritised as a phase transfer appeal at that point. So you know in case it is relevant in the future, with DS being out of school, you could have requested an expedited hearing via a SEND7. It isn’t always picked up on when first registered. Hopefully not, but if you are in the same situation at the next phase transfer, a SEND7 could have been done earlier this year requesting it is expedited as a phase transfer.

Wow thank you for your knowledge.

Ok just to quote you “Unfortunately, many only get provision by enforcing the provision” so how could have done that better? As I really want to send a rocket into the sky next time. Case workers are admin people to reduce cash. Senior people won’t engage and even if they write a complaint about them nothing more is said. The MP probably got the most out the LA. The PAP admitted all fault. Plus all the complaints (several) all documented but then once I hit appeal then nothing more happened as I was in appeal no one would engage. So now we are a ticking time bomb waiting for an appeal. Suppose I should have gone for a JR is that what you are suggesting?

Yes I was spinning too many plates as such. I did think the tribunal would pick up on that as it’s was black and white - CME and no school place plus transition child.

Anyways onwards and upwards. It causing so much stress dealing with the LA and their incompetency that I’m not sure it is physically worth the mental stress of the sleepless nights. I was trying to get all the faults they made in black and white with complains after complaints and also the PAP stating they are at fault.

I did think that the tribunal would have been all over that as a transition child and also a CME but that’s my fault now I didn’t realise that - I thought it would of been a huge red flag on the documents.

Plus had the LA would have done a lawful AR after the school off rolled and followed the Ipsea time line rules and not delayed it by 4/5 months then I’m sure everything would have been fine and easily in the timeframe for transition (I did complain about that too as I love that Ipsea check list on AR best documentation / table no room for error unlike all this sen law)

So I’ll blame it all back on the LA but I suppose it doesn’t help my case.

Huge thank you though I appreciate your response and I’ll watch out for that red herring again! I will make sure it won’t happen again.

Thank you x

Also, sorry final question!

If the child had full time 1 to 1 so high needs. Now nothing. So theoretically the LA is gaining massive cash whilst I’m a carer. Also they are not giving any AP / only suggested one unsuitable provider who can’t come up with the goods (yet to see anyone) where next do I go? It always seems to go to panel and they say no. Case workers say oh we have a provider but yet no one has rang me. Even though so many children within the same LA have the 5* provider that I would truly love / want / requested. (Even though can quote the sen laws but nothing is happening and every child has a right to an accessible full time education) Sorry 😬 and thank you

Really appreciate your knowledgeable as everything gets so confused in my mind and a massive thank you for taking the time to reply x

You can do this. This is not your fault!

Some DC not in school (whether DC are technically CME or not) fall through the net initially. Sometimes parents need to make a request via SEND7 for an expedited hearing. But the hearing not being expedited isn't your fault. After all, you (a general you, not you in particular) don't know what you don't know and you aren't at fault for that.

A good EHCP will be worth its weight in gold.

It isn’t too late to continue with enforcing provision now if that is what you want to do. If the pre-action letter hasn’t worked and you want to take it further, you need to find someone with a legal aid contract to take you (well DC, because proceedings will be in their name) on for JR proceedings. It will take perseverance but this is the route to enforcing the LA’s duties under s19 of the Education Act 1996 and/or s42 of the Children and Families Act 2014.

The pre-action letter/JR route can also be used when LAs fail to follow the correct AR procedures/timescales or the phase transfer deadline.