Special Educational Needs and Disability (SEND) - Making a complaint
Education, Health and Care (EHC) plans for children and young people aged up to 25 were introduced on 1 September 2014 as part of the Special Educational Needs and Disability (SEND) provisions in the Children and Families Act 2014.
An (EHC) plan is available for children and young people aged up to 25 in Sefton who need Special Educational Needs support. EHC plans identify educational, health and social needs and set out the additional support to meet those needs.
Parents can request an assessment. Alternatively, A young person can request an assessment themselves if they’re aged 16 to 25. A request can also be made by anyone else who thinks an assessment may be necessary, including doctors, health visitors, teachers, parents and family friends. You should make a written request and keep a copy of your letter. Your letter should set out why you believe your child has or may have special educational needs, and why you believe they may need special educational provision to be made through an EHC Plan.
The Local Authority will inform the parents of their decision whether to assess within 6 weeks of receipt of the request for assessment. If the local authority refuses to agree to a request for an EHC needs assessment, parents and young people over 16 years have a legal right to appeal to the First-tier Tribunal – Special Educational Needs and Disability (SEND).
If the local authority decides to make a plan, it has 14 weeks in which to write the draft plan, issue it, and allow the requestor at least 15 days to comment with amendments or alterations. They will issue a final plan within 20 weeks of the date they received the request for an EHC needs assessment.
If the local authority decides not to make a plan, they will write to the parents within 16 weeks from the date they received the request for an EHC needs assessment telling them that they have the right to appeal, again to the First-tier Tribunal – Special Educational Needs and Disability (SEND).
During this process applicants should direct any correspondence to the Sefton SEN and Inclusion Service at:
0151 934 2347
Sefton SEN and Inclusion Service
4th Floor, Magdalen House
30 Trinity Road
Complaining if the LA does not respond
If you would like to pursue a complaint (e.g. about the Local Authority process or timeliness of response) please use the following link and choose Children and Young People Services.
Stage 1 - we will ask a manager to investigate your complaint and we will respond within 15 working days. If you are satisfied with the response we will make a note that the complaint has been resolved. However, if you are not happy with the response you can ask for this to go to Stage 2.
Stage 2 - we will ask a named senior manager to investigate your complaint and respond within 10 working days. The named senior manager may be from a different area of work to the original complaint. If you are satisfied with the response we will make a note that the complaint has been resolved, however, if you are not happy with the response, you can contact the Local Government Ombudsman.
Who to contact
Where to go
Last updated: 23/09/2022