Complaining when the LA will not consider the school or college[1] you want named in your draft EHC plan: Template letter

It is important to tell the LA as soon as possible that the LA has not considered the request for a particular school/institution and use the LA’s complaints process as well as send this letter to the Director of Children’s Services.

All of the parts of this letter in bold will need to be changed or deleted so that they are relevant to your situation.

___________________________________________________________________

[Your address and contact details]

[Name of LA officer dealing with EHC plan]

[Name of local authority]

[Address of local authority]

[If you know the email address of the LA officer also send by email and add it here:]

And by email to: [insert email address]

[Date]

Dear [Name],

[Child or young person’s name], D.o.B [date of birth]: Request for [name of school/college] to be named in EHC plan

I am writing [as the parent of the above child / on behalf of the above young person] in respect of the draft education, health and care (EHC) plan which we have received.

[I/Young person’s name] expressed a preference for [name of school/college] and wants this to be named in the final EHC plan. However, the local authority has said [describe the response you were given – for example, explain if the LA refused to consult with the school, told you the school was full without giving any further reasons or told you that they could not name a school outside your home LA].

Under the Children and Families Act 2014, the local authority must consult with [name of school/college] and, after consulting, make the decision about whether to name this school [if the school/college is in a different local authority add: [even though it is in a different local authority].

[If the LA has not consulted the school/college add: [By refusing to consult [name of school/college] the LA is in breach of section 39 of the Children and Families Act 2014. Therefore, in addition to this letter I have also followed the LA’s complaints process.]

The local authority is also under a legal duty to name [name of school/college] in the final EHC plan unless it can show that it is unsuitable to [child or young person’s name]’s needs, that [his/her/their] placement there would be incompatible with the education of other children/young people, or that there would be an inefficient use of resources. [I/Young person’s name] do/does not believe that any of these conditions would arise if [child or young person’s name] were to go to [name of school/college]. If the local authority does, we ask you to set out in writing which conditions you believe would arise and to provide us with your reasons and evidence for believing this.

Given the statutory deadline for finalising the EHC plan, it is not appropriate to apply the usual complaints process timescales. Therefore, please provide your response within 5 working days [if the LA has refused to consult add: , including confirmation that you have/will consult [name of school/college]].

I understand there will be a right of appeal when the EHC plan is finalised and hope it will not be necessary to exercise that right of appeal.

Yours sincerely,

[Your name]

[Or if on behalf of a young person:]

[Your name] on behalf of [name of young person]

[1] This applies where the school or institution is one of the following types: a maintained school; a maintained nursery school; an Academy; an institution within the further education sector in England; a non-maintained special school; an institution approved by the Secretary of State under section 41