Complaints about special educational needs

This fact sheet is aimed primarily at parents who are concerned that their child may have special educational needs that are not being met and may be considering making a complaint to the Ombudsman.

What is the Ombudsman's role in complaints about special educational needs?

• The Ombudsman can investigate a complaint that a council has failed to deal properly with a child’s special educational needs (SEN). This includes delay in assessing a child and issuing a statement of SEN; and failing to implement a statement or carry out an annual review.
• The Ombudsman is concerned with process, not with the merits of council decisions taken properly. Also, the law generally prevents us from investigating complaints for which a remedy is available through an appeal to a statutory tribunal. This means that the Ombudsman cannot investigate a complaint when the issues it raises can be dealt with through an appeal to the First Tier Tribunal (Special Educational Needs and Disability) (SEND). So, for example, we cannot question a council’s decision not to assess a child as this can be appealed.  

Can the Ombudsman look at the way the school has dealt with my child's special educational needs?

• Yes, if your child has a statement of SEN and you complain that the council is failing to arrange and maintain the specified provision. The Ombudsman can look at the school’s role in this. We may also be able to look at what the school has done in response to your child’s SEN at school action plus, but you would have to complain about this to the council first. 
• No, if your complaint is about anything else, except if you live in one of the areas listed below.* At present, the Ombudsman can consider complaints about most of the actions of the schools in these areas including how they dealt with a child’s SEN. In all other areas, the Ombudsman cannot investigate any complaint about the schools there. 

*  The law currently gives the Ombudsman authority to look at the actions of schools in Barking and Dagenham, Bristol, Cambridgeshire, Dorset, Hammersmith and Fulham, Hillingdon, Kensington and Chelsea, Kent, Lincolnshire, Medway, Portsmouth, Sefton, Sheffield, and Wolverhampton.

When can the Ombudsman become involved?

• Most special educational needs are dealt with by the child’s school without any council involvement. If you have concerns or a complaint about your child’s progress, and he or she is getting either no or only limited extra help at school, and the council is not involved in any way, you should raise the matter with the head teacher or SEN co-ordinator (SENCO). The Ombudsman cannot normally deal with your complaint at this stage because only the school is involved.
• If you or the school believe, though, that your child is failing to make sufficient progress with the level of support that the school can provide, you can ask the council to carry out a statutory assessment of your child’s SEN. This is the point at which the council’s involvement starts and the Ombudsman may be able to help. 

How do I complain?

• The Ombudsman would normally expect you to make a complaint to the authority first, but in some cases, for example where your child is out of school or not getting the provision in their statement, the Ombudsman may decide to help straight away. 
• You should normally make your complaint to us within 12 months of realising that the council has done something wrong.
• To complain to the Ombudsman phone our Advice Team on 0300 061 0614 or 0845 602 1983 (8.30am to 5.00pm, Mondays to Fridays). You will be able to discuss your complaint with one of our advisers. You can text us on 0762 480 3014.
• You can complete an online complaint form.

What happens if the Ombudsman finds the council was at fault?

• If the Ombudsman finds that your child’s special educational needs have not been dealt with properly we will consider the effect on you and your child and we may suggest a remedy ranging from an apology through to compensation. Ideally, we would want the authority to take action to address any loss of provision such as providing extra help to your child, and we would always want any continuing failings put right as quickly as possible.

Examples of some complaints we have considered

Other sources of information

• For further information about the First Tier Tribunal (Special Educational Needs and Disability) (SEND) see their website: www.sendist.gov.uk
• For more general help and advice contact the Advisory Centre for Education (ACE) at: www.ace-ed.org.uk

Our fact sheets give some general information about the most common type of complaints we receive but they cannot cover every situation. If you are not sure whether we can look into your complaint, please phone 0300 061 0614.

Date Updated: 20/01/12