LGSCO complaint about EHCP: how to complain to the Ombudsman | EHCP Clarity
Ombudsman Complaint

LGSCO complaint about EHCP: how to complain to the Ombudsman

When local authorities fail to meet their EHCP duties — missing statutory deadlines, failing to deliver Section F provision, delaying decisions — the Local Government and Social Care Ombudsman (LGSCO) is the route to remedy. The LGSCO is independent of councils and consistently upholds complaints about EHCP maladministration, including financial remedies for affected families. This guide explains when and how to complain.

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Quick answer

The LGSCO investigates complaints about LA maladministration causing injustice — typically EHCP delays, failures to deliver Section F provision, and process failures. You must complete the LA's own complaints process first. The Ombudsman can recommend financial remedies, apologies and service improvements. Investigations typically take 6-9 months. Use the SEND Tribunal for refusal/content/cease decisions and LGSCO for everything else.

When LGSCO is the right route

The Ombudsman handles complaints about how the LA has acted — its decisions, processes, communication, and compliance with duties. Common LGSCO-suitable EHCP complaints:

  • LA missed the 6-week assessment decision deadline
  • LA missed the 20-week final EHCP deadline
  • LA failed to deliver Section F provision once the EHCP was finalised
  • Annual review delayed or final amended plan late
  • LA failed to consult required professionals during assessment
  • LA did not respond to correspondence within published timescales
  • LA's complaint handling itself was inadequate
  • LA fail to provide alternative education under section 19 EA 1996
  • LA failure to act on Tribunal orders within the deadline

LGSCO vs SEND Tribunal — which route?

SEND Tribunal

For: Refusal to assess, refusal to issue, content of Sections B/F/I, cease to maintain

Remedies: Order LA to assess/issue/amend/maintain. Substantive decision on the EHCP itself.

LGSCO

For: Process failures, delays, failure to deliver provision, communication, complaint handling

Remedies: Financial remedy, apology, service improvements. Cannot reverse Tribunal-eligible decisions.

Both routes can run in parallel for different issues. For example: a Tribunal appeal on Section F content and an LGSCO complaint about the delay in issuing the EHCP that gave rise to the appeal.

How to complain to the LGSCO about an EHCP

  1. 1

    Complete the LA's own complaints process

    LGSCO normally requires this. Most LAs have two stages — write to the LA following its published complaints procedure. Keep copies of everything. Allow the timescales the LA has published before escalating.

  2. 2

    Build a clear timeline

    Document every relevant event with dates: requests, decisions, missed deadlines, communications, impact. The Ombudsman case turns on the chronology — make it precise.

  3. 3

    Identify the maladministration

    What did the LA do wrong? Be specific: missed statutory deadline, failed to consult required professional, breached section 42 duty, did not respond to correspondence within their own published timescales. Reference law and policy.

  4. 4

    Identify the injustice

    What was the impact on the child and family? Lost provision, missed school, distress, time and trouble pursuing the LA, parent time off work, etc. The Ombudsman remedies the injustice, so quantify it.

  5. 5

    Submit the LGSCO complaint

    Use the LGSCO online form at lgo.org.uk. Attach key documents (decisions, correspondence). Set out the maladministration, the injustice, what you have already done, and what remedy you want.

  6. 6

    Engage with the investigation

    The investigator may ask for further information. Respond promptly. The LA will be asked for its version of events; you may get the chance to comment. Final decision letter is binding on the LA in practice.

Typical LGSCO remedies for EHCP failures

The Ombudsman's published Guidance on Remedies sets out common award ranges:

  • Time and trouble for pursuing the complaint: typically £100-£500
  • Distress remedy: typically £100-£500 per affected family member
  • Lost provision: £200-£1,000 per term of missed Section F provision (more for severe needs)
  • Lost education due to delay: variable, often £500-£2,500 per term
  • Late EHCP issuing: typically £100-£300 per month of delay
  • Service improvements: required changes to LA processes
  • Apology: from senior officer or director
  • Specific actions: expediting decisions, completing reviews, etc.

Building your LGSCO complaint pack

  • LA's complaints process completed (both stages)
  • Timeline of events with precise dates
  • Copies of all relevant correspondence
  • Copies of the EHCP, decisions, professional reports
  • Identification of specific maladministration (with reference to law/policy)
  • Quantification of injustice (lost provision, distress, time)
  • Statement of remedy sought
  • LGSCO online form completed at lgo.org.uk

Common LGSCO complaint pitfalls

  • Trying to use LGSCO instead of SEND Tribunal for refusal/content/cease decisions — wrong route
  • Submitting before completing LA complaints process — premature
  • Vague maladministration claims without specific reference to law/policy
  • Not quantifying the injustice or asking for specific remedy
  • Mixing too many issues without clear prioritisation
  • Time limits — generally must complain within 12 months of becoming aware of issue

Frequently asked questions

What is the LGSCO?
The Local Government and Social Care Ombudsman (LGSCO) investigates complaints about councils, including local authorities' handling of EHCPs. The Ombudsman is independent of councils and investigates whether the LA acted with maladministration causing injustice. It can recommend remedies including financial compensation, apologies, and service improvements.
When can I complain to the LGSCO about an EHCP?
After exhausting the LA's own complaints process (usually two stages). LGSCO normally requires you to give the LA the chance to put things right first. Common EHCP complaints: missed 20-week deadline, failure to deliver Section F provision, delayed annual review, late final amended plan, poor communication, failure to assess.
What can the LGSCO actually do?
The Ombudsman can recommend: financial remedy for time and trouble, financial remedy for delayed/missed provision, apologies, service improvements (e.g. revised LA processes), and individual remedies (e.g. expediting outstanding decisions). LAs almost always comply with recommendations even though they are not legally binding.
What can the LGSCO not do?
The Ombudsman cannot: order the LA to issue an EHCP (only the SEND Tribunal can do that), reverse a placement decision (Tribunal again), substitute its own decision for the LA's discretion, or override Tribunal decisions. Where you have a Tribunal route, LGSCO normally expects you to use it instead.
How long does an LGSCO investigation take?
Typically 6-9 months from registration to final decision. Initial assessment within a few weeks; substantive investigation 4-7 months; final decision letter follows. Complex cases can take longer. The LGSCO publishes investigation outcomes that other parents can refer to.
How much compensation might I get?
LGSCO time-and-trouble awards are typically £100-£500. Awards for delayed or missed provision can be substantially higher — £200-£1,000 per term of missed provision is common; some awards exceed £10,000 for prolonged failures. The Ombudsman also publishes guidance on remedies.
Should I complain to LGSCO before or after appealing to Tribunal?
Different routes for different issues. Use the SEND Tribunal for: refusal to assess, refusal to issue, contents of B/F/I, cease decisions. Use LGSCO for: process failures, delays, failure to deliver provision, communication failures, complaint handling failures. You can use both — Tribunal for the substantive decision, LGSCO for the process complaints.
What evidence do I need for an LGSCO complaint?
Timeline of events with dates, copies of all correspondence, copies of any decisions and reports, the LA's responses to your complaints, evidence of impact on the child (lost provision, school issues), and a clear statement of what you want the Ombudsman to find and recommend.

Related guides

Sources and further reading

This is general information, not legal advice. EHCP Clarity helps parents organise and prepare their own materials. It does not provide legal advice, legal representation, or tribunal advocacy, and nothing on this page should be relied on as a substitute for advice about your specific situation. For free independent expert support, contact IPSEA, SOS!SEN, or your local SENDIASS. For legal representation, instruct a SEND solicitor.