SEND Complaint Handling
I am extremely disappointed with my experience with the Local Government & Social Care Ombudsman regarding two SEND complaints. Despite providing detailed evidence and referencing the specific legal duties under the SEND Regulations 2014 and Children & Families Act 2014, key issues were dismissed or misunderstood. For Child 1, the Ombudsman overlooked clear evidence that the final EHCP was issued 14 weeks after the draft, even though the legal limit is 8 weeks. I submitted this evidence before the decision was made, yet they stated it “fell outside the timeframe.” It didn’t. The explanation of staff sickness should not excuse statutory deadlines. For Child 2, the Ombudsman dismissed the fact that the annual review was late for the second consecutive year, ignoring that the Local Authority is legally responsible for ensuring annual reviews are held within 12 months (Reg 20). They also accepted the LA issuing a final EHCP with **none** of the professional updates, including missing OT and SALT recommendations, outdated assessments, incorrect year group, and no progress from the previous year. I escalated both complaints to an Assessment Manager, which took extra time, but her responses were brief, dismissive, and made it clear she had not properly read my escalation or the evidence attached. The delays have pushed back my right to appeal by many months, and my child’s Tribunal is now scheduled for late 2025. This is the predictable consequence of missed statutory deadlines, yet the Ombudsman dismissed this too. My experience has shown a worrying lack of understanding of SEND law and a willingness to accept Local Authority explanations without proper scrutiny. The system urgently needs reform so that children with special educational needs and disabilities are properly protected and Local Authorities are held accountable when they fail to meet their legal duties.