When to complain, when to appeal and how to record delay or missed provision
A complaint is not the same as a SEND Tribunal appeal. The correct route depends on what has gone wrong.
Appeal or Complaint?
SEND Tribunal
For decisions carrying a statutory right of appeal, such as refusal to assess, disputed plan sections or ceasing a plan.
Complaint
May be appropriate for delay, poor administration, failure to follow procedure, failure to respond or failure to deliver provision.
If Section F Is Not Delivered
Quote it
Identify the exact provision in the final EHCP.
Record it
Keep dates and details of missed provision.
Raise it
Write to the SENCO and local authority.
Right First Time UK Information Notice
General information and signposting only. Right First Time UK is not a local authority, school, SEND Tribunal, law firm or regulated legal advice service. This guide primarily concerns England.