Making a complaint

If you have spoken about any concerns with your child's school or setting, but still feel unhappy, you can make a formal complaint. 

Please see the settings individual complaints policy, which should be available on their website, to see who you should send your complaint to. 

If you do not receive a response, or feel it was not handled correctly, then you can forward your complaint to the Department for Education  

If you have spoken about any concerns with the Local Authority officer, but still feel unhappy, you can make a formal complaint. 

You should direct your complain for attention of the officer's manager in the first instance. If you do not receive a response, or feel it was not handled correctly, then you can forward your complaint to the complaints department at Leeds Children's Services.  

If your complaint is about a decision related to an Educational, Health and Care Plan, you may also have a right to make an appeal to the SEND Tribunal. 

A judicial review is a legal process that reviews the lawfulness of something that a public body has decided to do, failed to do, or a policy that they follow. Applications must be made within three months of the grounds for the claim arising.  

A judicial review may be necessary where there is no other way the complaint could be resolved. For example: 

• The local authority (LA)has agreed to issue an EHC plan but fails to actually issue the final plan, resulting in the child or young person missing special educational provision or schooling.
• The LA fails to secure the provision set out in an EHC plan, resulting in the child or young person missing education.
• The LA has unreasonably decided to stop providing home to school transport, to which a child or young person is entitled, meaning the child or young person cannot get to their place of learning.
• The governing body of a school refuses to admit a child or young person despite being named in the EHC plan (where there has been no formal exclusion).

If you are thinking of requesting a juidicial review, you might find these resource links helpful: 

• Special Needs Jungle - article
• IPSEA- advice page
• SOS!SEN - factsheet

If you or your young person feel you are experiencing disability discrimination, you can make a case to the Special Educational Needs and Disabilities (SEND) tribunal. We can provide you with more information about making a disability discrimination claim.