Sometimes when problems arise or you are not happy about a decision about your child’s or young person’s education, health, and social care needs, issues can often be resolved informally. For example, you may be able to discuss your concerns with the person or service involved and explain why you are not happy or dissatisfied, with the aim of sorting out the issues.
However, sometimes problems do not go away or get sorted, this is when you may feel that the only option you have is to formally complain or challenge the decision.
The following pages explain the steps to take, depending on who you need to make a complaint about, or which decision you wish to challenge about your child’s or young person’s education, health, and social care needs.
Complaint or appeal?
A complaint is usually about how a school, college, Local Authority (LA), health or social care service has acted. This can include delay, poor communication, failure to follow a process, or support not being provided.
An appeal is used when you disagree with a specific legal decision about an EHC needs assessment or EHC plan and want the First-tier Tribunal (Special Educational Needs and Disability), usually called the SEND Tribunal, to review that decision.
If you are unsure which route applies, We can help you understand your options. We provide impartial information, advice and support, but we cannot make decisions for you or act as your legal representative.
On this page
Complaints about a nursery, school or college
All schools, including academies and free schools, are required to have a complaints policy. This will usually be available on the school website or provided on request. Nurseries, early years settings and colleges (further education and sixth from colleges) must also have a complaint policy too.
You may wish to raise concerns informally first by speaking to the SENCO, class teacher, tutor, head of year, nursery manager or another relevant member of staff.
These are examples of problems you that you can complain about informally or formally:
If the school is not putting in help for your child's or young person’s special educational needs (SEN)
Your child or young person is not being included in the activities of the school because of their SEN
Your child or young person has been unlawfully suspended or excluded
You are unhappy about how the nursery, school or college has responded to your concerns
You believe the setting has not followed its own policy or process
If your child has an EHC plan and the provision in Section F is not being delivered, you should raise this with both the school or setting and the local authority.
The LA (SEN Team) is responsible for making sure the special educational provision in Section F of the EHC plan is secured.
Complaints about a local authority (LA) service
if a service has not done something it said it would do, there has been delay, or you believe the LA has not followed the correct process or met its duties.
Please see below for examples, of problems you that you can complain about informally or formally
You have waited too long for a decision about an EHC needs assessment, EHC plan, annual review or social care assessment
Your child or young person is not receiving the special educational provision set out in Section F of their EHC plan
There has been delay following an annual review of an EHC plan
You are unhappy about communication, process or how a service has handled your concerns
You are unhappy about a LA service for children and young people
If your concern is about a decision that carries a right of appeal to the SEND Tribunal, the a complaint will not be the right route. You may need to consider mediation and/or appeal within the legal deadline.
Complaints if your child or young person is under 18: Wandsworth Children's Services
If your child or young person is under 18, you can follow Wandsworth Council’s children’s services complaints process.
You can complain if you are unhappy about a children’s social care decision, assessment, delay, communication or the way a service has been provided.
Complaints if your young person is aged between 18 and 25: Wandsworth Adult Social Care
If your young person is aged 18 to 25, they may be able to complain if they are unhappy about a decision made by adult social care or public health, or about the service provided by local authority adult services.
You can follow Wandsworth Council's adult social care complaints process.
Complaint letter templates
You can download our complaint letter templates:
Complaining to the Ombudsman
If you have completed the council’s complaints process and remain unhappy, you may be able to complain to the Local Government and Social Care Ombudsman.
The Ombudsman can look at some issues such as delay, poor administration, failure to carry out processes properly, or failure to secure provision set out in an EHC plan. However, the Ombudsman generally cannot investigate matters where there is, or was, a right of appeal to the SEND Tribunal.
You can make a complaint to the Local Government and Social Care Ombudsman.
Challenging EHC decisions
This includes decisions about an EHC needs assessment, EHC plan or an Annual Review of an EHC plan through appeal and independent mediation.
You can appeal to the First-tier Tribunal (Special Educational Needs and Disability), usually called the SEND Tribunal, if you disagree with certain decisions made by the local authority about an EHC needs assessment, reassessment or EHC plan.
Young people aged 16 to 25 can appeal in their own right. Parents can also appeal on behalf of a child, or support a young person, depending on the circumstances.
When can you appeal?
You can appeal if the LA :
Refuses to carry out an EHC needs assessment
Refuses to carry out a reassessment
Refuses to issue an EHC plan after an assessment or reassessment
Refuses to amend an EHC plan following an annual review
Refuses to amend an EHC plan following a reassessment
Decides to cease maintaining, or end, an EHC plan
Issues or amends an EHC plan and you disagree with Section B, Section F or Section I
Which parts of an EHC plan can you appeal?
You can appeal the education sections of an EHC plan:
Section B: your child or young person’s special educational needs
Section F: the special educational provision, support or help they must receive
Section I: the school, college or other setting named in the plan, or the type of setting named
You cannot usually appeal Sections C, D, G, H1 or H2 on their own. However, if you are appealing Sections B, F or I, you can ask the SEND Tribunal to make recommendations about health and social care sections as part of an Extended Appeal.
Appeal deadlines
You have two months from the date of the LA decision letter to lodge an appeal with the SEND Tribunal, or one month from the date of the mediation certificate, whichever is later.
The SEND Tribunal must receive your completed appeal application by the deadline. If you miss the deadline, you can ask the Tribunal to accept a late appeal, but you will need to explain why it is late.
The LA decision letter should include:
Your right to appeal
The deadline for appealing
Information and contact details for the independent mediation adviser
Information about disagreement resolution services
Where to get impartial information, advice and support - WIASS
Appeal forms
The appeal form you need depends on the decision you are appealing.
SEND35a: Refusal to carry out an EHC needs assessment appeal form (GOV.UK)
SEND35: EHC plan appeal form (GOV.UK)
What happens after your appeal is registered?
Once your appeal has been registered, the SEND Tribunal will write to you to explain what happens next. The Tribunal will usually tell you:
The timetable for the appeal
What you and the local authority must do and by when
The date and type of hearing, if there is going to be a hearing
How to send evidence and information to the Tribunal
What happens at a SEND Tribunal hearing?
A SEND Tribunal hearing is where the appeal is considered by a panel. The panel usually includes a judge and a specialist member with experience of SEND.
Hearings may take place in person, remotely by video, by telephone, or in some cases as a paper hearing. The SEND Tribunal will tell you how your appeal will be heard.
The Tribunal will consider the evidence and decide whether the local authority’s decision should be changed. The Tribunal can make legally binding decisions about the education parts of an EHC plan.
Independent disagreement resolution and/or mediation
Disagreement resolution/mediation is a voluntary service that can help resolve disagreements about SEND provision, assessments, EHC plans or support. It can sometimes help families and services reach agreement without needing a complaint or appeal.
Using disagreement resolution is voluntary. It does not affect your right to appeal to the SEND Tribunal.
For more detailed information about appealing to the SEND Tribunal and mediation please read our information sheet on Right of Appeal to the SEND Tribunal, Right of Appeal Checklist and Right of Appeal Checklist Flowchart.
Disability discrimination claims
The SEND Tribunal can also hear disability discrimination claims against schools. This may apply where a child or young person has been treated unfavourably because of disability.
The process and time limits for disability discrimination claims are different from EHC plan appeals, so families should seek advice as early as possible, see IPSEA Disability discrimination in schools page.
Appealing a school place if your child does not have an EHC plan
If your child does not have an EHC plan and has been refused a school place, this is usually dealt with through the school admissions appeal process, not the SEND Tribunal.
If your child has been refused a place at a Wandsworth maintained school, or an academy that uses Wandsworth’s appeals service, you have a legal right to appeal to an independent appeal panel.
Find out how to make a school admission appeal in Wandsworth.
If the school is an academy and does not use Wandsworth’s appeals service, you should check the school’s website or contact the school directly to find out how to appeal.
WIASS leaflets and templates
You can download WIASS appeal leaflets and template letters:
More information, advice and support
For more information about challenging decisions, making complaints, mediation, appeals or disability discrimination claims, you can contact WIASS for impartial information, advice and support.
You may also find the following websites helpful: