Complaining to the Local Government Ombudsman
When to complain to the Ombudsman about your local authority, how the process works, and what they can do.
Complaining to the Local Government Ombudsman
The Local Government and Social Care Ombudsman (LGSCO) investigates complaints about councils and local authorities. For SEND, they deal with issues that the SEND Tribunal cannot, such as delays, maladministration, and failure to deliver services.
If your local authority has let your child down through poor administration rather than a wrong decision, the Ombudsman may be the right route.
When to use the Ombudsman
The Ombudsman is the right route for complaints about:
- Delays: The local authority took too long to complete the EHC needs assessment, issue the EHCP, or respond to your request
- Failure to deliver provision: The support in your child's EHCP is not being provided
- Poor communication: The local authority did not tell you about your rights, did not respond to your letters, or lost paperwork
- Process failures: The annual review was not carried out properly, or the local authority did not follow the correct procedures
- Lost education: Your child missed schooling because the local authority did not arrange a placement
The Ombudsman and the SEND Tribunal deal with different things. The Tribunal handles disagreements about the content of the EHCP (Sections B, F, I) and decisions like refusal to assess. The Ombudsman handles complaints about how the local authority has handled the process. Sometimes you can use both.
Before you complain to the Ombudsman
You usually need to go through the local authority's own complaints process first. This means:
- Making a formal complaint to the local authority
- Waiting for their response
- If you are not satisfied, escalating through their complaints stages
The local authority should tell you how their complaints process works when you raise a complaint. Most have two or three stages.
If you have been through the complaints process and are not satisfied with the outcome, you can then take your complaint to the Ombudsman.
You do not always have to exhaust the complaints process. If the local authority is taking too long to respond to your complaint, or if the matter is urgent (for example, your child is out of school with no provision), the Ombudsman may agree to investigate without waiting for the full process.
How to complain to the Ombudsman
The Ombudsman deals with local authority complaints, not school complaints. If your complaint is about the school, you may need to go to the school's governing body or the Department for Education.
You can complain online at lgo.org.uk, by phone, or by post. You will need to explain: - What the local authority did (or did not do) - How this affected your child - What you want the Ombudsman to do about it
Include copies of relevant documents: decision letters, emails, your complaint to the local authority and their response, and any evidence of the impact on your child.
The Ombudsman will review your complaint and decide whether to investigate. If they do, they will contact you and the local authority for information. Investigations typically take several months.
The Ombudsman will publish a decision. If they find fault, they will recommend a remedy.
What the Ombudsman can do
If the Ombudsman finds fault with the local authority, they can recommend:
- A formal apology
- A financial payment to recognise the impact on your child and family (typically between a few hundred and a few thousand pounds)
- Action to put things right: For example, requiring the local authority to complete the assessment immediately, provide missed provision, or arrange alternative education
- Changes to practice: Requiring the local authority to change how they handle SEND cases to prevent the same thing happening to other families
The Ombudsman's recommendations are not legally binding, but local authorities almost always comply with them. Failure to comply is reported to Parliament.
Common SEND complaints to the Ombudsman
Based on published Ombudsman reports, the most common SEND complaints are:
- EHCP assessment taking longer than 20 weeks
- Failure to deliver the provision in Section F
- Not providing education when a child is out of school
- Not carrying out the annual review properly
- Losing paperwork or not responding to correspondence
- Not informing parents of their right to appeal
Time limits
You should complain to the Ombudsman within 12 months of the event you are complaining about. They can extend this in some cases, but it is best to act promptly.
Try asking this question in a chat:
“The local authority took 9 months to complete my child's EHC needs assessment. Can I complain to the Ombudsman?”