How can parents file a complaint if their child’s IEP is not being implemented?

PostedDecember 17, 2025

UpdatedDecember 17, 2025

ByMy Patient Advice

Author: Lucia Alvarez, MSc | Reviewed by: Dr. Rebecca Fernandez, MBBS

When a child’s Individual Education Plan (IEP) or Education, Health and Care Plan (EHCP) isn’t being followed, parents have clear legal routes to challenge it. According to the Department for Education (DfE), schools and local authorities are legally required to deliver the special educational provision written in a child’s plan, it isn’t optional or “best effort” support.

Start with the school’s SENCO

The first step is to raise your concern directly with the school’s Special Educational Needs Coordinator (SENCO). Many problems are due to communication gaps or staffing issues and can often be resolved informally.
If that doesn’t help, you can make a formal complaint using the process explained in the school’s SEN Information Report, as set out in DfE guidance.

Escalate to the local authority

If the school doesn’t act, the next step is the local authority (LA) that maintains your child’s EHCP.
Under Section 42 of the Children and Families Act 2014, local authorities must secure the provision listed in Section F of an EHCP. The statutory SEND Code of Practice (2015) confirms that this duty cannot be delegated to schools.

Local authorities must also offer an independent disagreement resolution or mediation service through their SEND Local Offer, designed to help families resolve issues before escalating further.

When to contact national bodies

If neither the school nor local authority resolves the issue, parents have several further options:

Department for Education (DfE) – can investigate if local procedures were not properly followed.

Local Government and Social Care Ombudsman (LGSCO) – investigates cases where councils fail to deliver or delay EHCP provision.

SEND Tribunal – can hear appeals related to EHCP decisions or failures to act.

Independent charities such as IPSEA and Contact offer free template letters and legal guidance for parents enforcing their child’s rights.

Support and advocacy

The National Autistic Society (NAS) highlights that many families face barriers in securing EHCP support.
They recommend contacting your local SEND Information, Advice and Support (SENDIAS) service for impartial help with complaints, mediation, and tribunal preparation. These services are free, confidential, and available across England.

According to Contact, if support is still not provided after local and national complaints, parents may consider seeking legal advice or judicial review, though this is usually a last resort.

Takeaway

If your child’s IEP or EHCP support isn’t being delivered, remember: you are enforcing a legal right, not making a request.
Start with the SENCO, escalate through the local authority, and seek help from IPSEA, NAS, or SENDIAS if needed.
If the issue remains unresolved, the DfE and Ombudsman can intervene to ensure your child receives the educational support they are entitled to under law.

Lucia Alvarez, MSc

Author

Lucia Alvarez is a clinical psychologist with a Master’s in Clinical Psychology and extensive experience providing evidence-based therapy and psychological assessment to children, adolescents, and adults. Skilled in CBT, DBT, and other therapeutic interventions, she has worked in hospital, community, and residential care settings. Her expertise includes grief counseling, anxiety management, and resilience-building, with a strong focus on creating safe, supportive environments to improve mental well-being.

All qualifications and professional experience stated above are authentic and verified by our editorial team. However, pseudonym and image likeness are used to protect the author's privacy.

Dr. Rebecca Fernandez, MBBS

Reviewer

Dr. Rebecca Fernandez is a UK-trained physician with an MBBS and experience in general surgery, cardiology, internal medicine, gynecology, intensive care, and emergency medicine. She has managed critically ill patients, stabilised acute trauma cases, and provided comprehensive inpatient and outpatient care. In psychiatry, Dr. Fernandez has worked with psychotic, mood, anxiety, and substance use disorders, applying evidence-based approaches such as CBT, ACT, and mindfulness-based therapies. Her skills span patient assessment, treatment planning, and the integration of digital health solutions to support mental well-being.

All qualifications and professional experience stated above are authentic and verified by our editorial team. However, pseudonym and image likeness are used to protect the reviewer's privacy.