Pre-Action Protocols: Empowering Parents to Challenge Local Authority Delays in EHCP Provision

Pre-Action Protocols: Empowering Parents to Challenge Local Authority Delays in EHCP Provision

Ensuring your child receives the right educational support is crucial, yet navigating the complexities of Education, Health, and Care Plans (EHCPs) can be overwhelming—particularly when faced with unnecessary delays from Local Authorities. At Watkins Solicitors, our expert education law team is committed to cutting through these delays with decisive legal action and strategic SEN tribunal appeals, ensuring your child's rights are not only recognised but fully enforced.

Legal Obligations of Local Authorities

Local authorities are legally required to meet the needs specified in Education, Health, and Care Plans (EHCPs), which detail the necessary support for your child. This support can range from having a wheelchair and hydrotherapy sessions to the assistance of a full-time teaching assistant. However, despite these clear requirements, it is unfortunately common for these services to be inadequately provided, delayed or not provided at all.

What to Do if Your Local Authority Fails to Meet Their Obligations

If a Local Authority is failing to provide the support outlined in your child's EHCP, there are formal steps you can take to challenge their inaction. However, these processes can be slow and frustrating, which is why seeking legal advice early can help speed things up.

Step 1: Raising an Initial Complaint

The first step is to formally raise your concerns with the Local Authority. This is known as a Stage 1 complaint. You should explain:

• What provision your child has not received (e.g. missed speech and language therapy sessions, lack of one-to-one support).
• How long the failure has been happening.
• The impact this is having on your child.

Local Authorities often acknowledge the issue at this stage, sometimes admitting that support has not been provided for weeks or months. However, this does not always lead to immediate action.

Step 2: Escalating the Complaint

If the Local Authority’s response is unsatisfactory or they fail to act, you can escalate to a Stage 2 complaint. At this point, they must conduct a further internal review.

Unfortunately, Local Authorities often fail to take meaningful action even at this stage, resulting in further delays. If your child's education or well-being is suffering due to these delays, further escalation may be necessary.

Step 3: The Final Complaint Stage

If the issue remains unresolved, families can proceed to a Stage 3 complaint, which is often a referral to the Local Government and Social Care Ombudsman. However, this process can be time-consuming and frustrating, with no guarantee of a quick resolution.

Why Judicial Review Can Be a Better Alternative

Instead of waiting months for a complaint to be resolved, parents can consider Judicial Review as a faster and more effective option. This legal action forces the Local Authority to comply with its duties and can be initiated by sending a pre-action protocol letter, which:

• Gives the local authority two weeks to fix the issue.
• Puts legal pressure on them to act swiftly.
• Can bypass the lengthy complaint stages entirely.

Crucially, you do not have to wait for Stage 1 and Stage 2 complaints to be completed before Initiating Judicial Review. If the Local Authority is failing to meet clear legal duties—such as providing a service listed in an EHCP or meeting statutory deadlines—you can take immediate action.

Judicial Review is particularly useful when a Local Authority is failing to meet statutory deadlines, such as completing an EHCP assessment within six weeks. Without legal intervention, families can face delays of six months or more, leaving children without the essential support they need.

Seek Expert Legal Guidance

If you're facing Local Authority delays or struggling to secure the support your child is legally entitled to, it is essential to act quickly. Our education law specialists at Watkins Solicitors are here to help. Ranked 1st nationally for Education Law on Review Solicitors, we have a proven track record of successfully challenging unlawful decisions and ensuring children receive the education and care they deserve.

With decades of experience in Judicial Review, SEN Tribunal Appeals, and Education Law, our team provides clear, practical advice tailored to your situation. Whether it's enforcing EHCP provisions, securing specialist placements, or taking urgent legal action against a Local Authority, we are committed to achieving the best outcome for your child.

Contact our team for more information: info@watkinssolicitors.co.uk