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Visual Impairment :
Special Educational Needs
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APPEALING AGAINST LACK OF AGREED PROVISION
(if the school is not providing the support described in the EHCP)

There are rare occasions when the support that is detailed in a child’s statement is not provided. In these cases you can make an appeal to the Local Government Ombudsman (LGO) to investigate. The service is free. They will consider complaints about :

  • a delay in carrying out an assessment;
  • a delay in providing the draft or final EHCP;
  • a delay or failure in making provision for your child’s special educational needs as required by the EHCP.
  • a delay or failure to identify a school suitable for your child’s needs; or
  • the way the council dealt with you, e.g., not consulting you properly or failing to answer letters.

You must go through a number of stages in a complaints process. You need to show that you have tried to resolve the issue with the headteacher at the school and with the local authority.

  • Get evidence that the support is not being provided.
  • Put your complaint in writing rather than making a phone calls. Write to the SENCO and the headteacher of the school stating that you making a complaint about the failure to provide the support needed and that you intend to lodge an appeal with the LGO if the support is not provided. Make sure your letter is professional, contains detail of the support that should be given and is courteous but assertive. 
  • Arrange a meeting with the school to try and resolve the problem.
  • If the issue remains unresolved write to the local authority, via the director of children’s services, with a copy of the letter you sent to the headteacher and the evidence that the support is not being provided.
  • If the issue remains unresolved then you can contact the LGO Advice Team. Phone 0300 061 0614 or 0845 602 1983 to discuss your complaint.

 

You can obtain more information and details of how to complain on the LGO web site
www.lgo.org.uk

Contact details :

Local Government Ombudsman
PO Box 4771,
Coventry CV4 0EH.

Email advice@lgo.org.uk
Fax 024 7682 0001.
Text ‘call back’ on 0762 480 4299.

If the LGO is unable to resolve the issue parents can request a judicial review in a high court. This can be expensive and may require legal representation.

Click here to go to the Courts and Tribunals' page about Judicial Reviews.