Local Authority SEN Responsibilities in England: What the LA Must Do

When things go wrong in the SEND system in England, parents often focus their frustration on the school. But the local authority — the council — has its own distinct set of legal duties, and understanding those duties changes where you direct your advocacy.

Some of the most significant rights in the system sit not with the school but with the LA. And some of the most consequential failures are LA failures, not school failures.

The LA's Core Legal Duties

The Children and Families Act 2014 Part 3 establishes the LA's primary obligations toward children and young people with SEN in their area.

Section 24 — who the LA is responsible for: An LA is responsible for a child or young person if they are in the authority's area and have been identified as having, or potentially having, special educational needs. This responsibility exists from birth to age 25.

Section 36 — conducting EHC needs assessments: When a request is made (by a parent, young person, or school), the LA must decide whether to conduct an EHC needs assessment if it appears the child has or may have SEN and may require provision via an EHCP. The LA has six weeks to make this decision.

Section 37 — issuing EHCPs: If an assessment concludes that an EHCP is necessary, the LA must prepare and issue the plan. The entire process from initial request to final plan must take no more than 20 weeks.

Section 42 — securing provision: Once an EHCP is issued, the LA bears an absolute, non-delegable duty to secure the special educational provision specified in Section F. This is not a "reasonable endeavours" standard — it is absolute. Financial constraints, staff shortages, and disputes with schools do not excuse non-delivery.

Section 44 — annual reviews: The LA must ensure that every EHCP is reviewed at least once every 12 months.

What the LA Cannot Do

Understanding what the LA is not permitted to do is sometimes more useful than knowing what they must do.

The LA cannot use cost as a reason to refuse an EHC needs assessment. Cost is not a factor in the decision to assess — it is only relevant later when considering what provision to include. Refusing to assess because the local authority believes an EHCP would be expensive is not lawful.

The LA cannot use school capacity as a reason not to deliver Section F. If the Section F provision requires a specialist teacher and the school cannot recruit one, the LA must find another way to deliver the provision — commissioning an independent provider, for example. The absolute duty in Section 42 means practical difficulties do not excuse non-delivery.

The LA cannot remove an EHCP simply because the child is making progress. Under Regulation 31 of the SEND Regulations 2014, an EHCP can only be ceased if the child no longer requires the provision specified in it. Progress is not sufficient reason to cease the plan — only that the child has outgrown the need.

The LA cannot refuse your preferred school unless they can prove one of three specific grounds (unsuitability, incompatibility with efficient education of others, unreasonable public expenditure). General preference for a different school is not sufficient.

The LA cannot delay issuing a final EHCP beyond 20 weeks without justification. Organisational pressure, staff absences, and consultant availability are not valid justifications for missing this statutory deadline.

What Happens When the LA Fails

In 2023, only 50.3% of EHCPs were issued within the 20-week statutory deadline. LA failures in the SEND system are widespread and systemic. Knowing the available remedies matters.

Formal complaint to the LA: The first step when the LA has failed — missed deadlines, non-delivery of Section F, refusal to assess — is a formal complaint through the LA's internal complaints process. This creates a documented record and must be responded to within defined timeframes.

Local Government and Social Care Ombudsman (LGSCO): If the formal complaint is not resolved satisfactorily, parents can escalate to the Local Government and Social Care Ombudsman. The LGSCO investigates LA maladministration — procedural failures and unjustifiable delays. It can require the LA to apologise, remedy the failure, and in some cases pay compensation. The LGSCO cannot change the content of an EHCP or substitute its judgment for the LA's on what provision is appropriate — but it can compel the LA to process things correctly and within lawful timescales.

SEND Tribunal: Where the dispute is about the content of the EHCP — the needs described in Section B, the provision in Section F, or the placement in Section I — the SEND Tribunal is the appropriate route. You must go through mediation (or formally decline it) before lodging an appeal.

Judicial Review: In cases of clear unlawfulness — the LA is actively breaching its Section 42 duty, for example — judicial review in the High Court is available. This is a rarely used but powerful remedy. Legal aid may be available for judicial review in education cases.

The Local Offer

Every LA in England must publish a "local offer" — a publicly accessible document setting out what support is available for children and young people with SEN in their area. This includes education, health and social care provision, as well as information about eligibility criteria and how to access support.

The local offer is a useful starting point for understanding what the LA claims to provide. It also provides a reference point for challenging them if what they actually deliver falls short of what is described.

If You Move Local Authority

When a family with an EHCP moves to a new local authority area, the new LA assumes immediate legal responsibility for maintaining the plan from the date they are notified of the move. Under Regulation 15 of the SEND Regulations 2014, the new LA must maintain the existing plan and secure the existing provision while they conduct their own review.

A new LA cannot immediately reduce the provision in the EHCP simply because it differs from their standard approaches or because the previous LA's funding levels were different. Changes to the plan require a formal amendment process, and parents have the same review and appeal rights in the new LA as in the old one.

The England EHCP & SEN Blueprint at /uk/england/iep-guide includes a guide to escalating LA failures — from formal complaint through Ombudsman — with template letters for each stage, and a walkthrough of what the LA is required to do at each stage of the EHCP process.

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