Letter: Ombudsman escalation

Send this when you have been through the Local Authority’s complaints process and are still not satisfied, or the Local Authority has failed to respond properly. It asks the Local Government and Social Care Ombudsman to investigate.

You normally have to complete the Local Authority’s own complaints process first. The Ombudsman usually expects you to complain within 12 months of becoming aware of the problem. It looks at delay, failure to deliver provision, and poor handling. It cannot change the content of an EHC plan itself (that is for the Tribunal), but it can find fault and recommend a remedy. You can complain online at lgo.org.uk; this letter sets out your case clearly to attach or paste in. This applies in England; check your nation if elsewhere. This is information, not legal advice.

Here is the template.

To: The Local Government and Social Care Ombudsman. Date: [DATE]. Dear Sir or Madam.

Complaint about [LA NAME] regarding my child’s EHC plan. My name: [YOUR FULL NAME]. My address: [YOUR ADDRESS]. Child’s name: [CHILD’S FULL NAME]. Date of birth: [DD/MM/YYYY]. Local authority: [LA NAME]. LA reference: [REFERENCE NUMBER].

I am complaining about how [LA NAME] has handled my child’s EHC plan. I have already complained to the local authority and completed its complaints process. I attach the Local Authority’s final response dated [DATE].

What happened: [SHORT TIMELINE WITH DATES, e.g. On DATE I requested an assessment. The final plan was due by DATE. Then describe the faults: delay, missing provision, poor communication.]

What I have already done: I raised this with the Local Authority on [DATE]; I made a formal complaint on [DATE]; the Local Authority’s final response was [DATE] and it did not [resolve the problem / address X].

The effect on my child: [DESCRIBE PLAINLY, e.g. months without support, lost progress, distress, impact on the family].

What I would like to happen: [E.g. a finding that the Local Authority was at fault]; [E.g. the provision put in place and missed provision made up]; [E.g. an appropriate remedy for the impact of the delay]. I attach the relevant documents, including the EHC plan, my complaint, and the Local Authority’s responses. Yours faithfully, [YOUR FULL NAME].