Introduction

If you are not satisfied with the response to your complaint there are organisations that investigate complaints or regulate services.  They will not usually consider a complaint if you have not first followed the service’s formal complaints procedure.

Ombudsman

Ombudsman schemes are independent, free, and impartial – so they do not take sides. You can only complain to an ombudsman if you have already complained to the organisation and could not solve your problem through their complaint’s procedure. An ombudsman will also investigate your complaint if the organisation takes too long to resolve your complaint. You can tell the ombudsman if you need extra support making a complaint. For example, help filling out forms or making the complaint in a language that isn’t English.

• The Parliamentary and Health Service Ombudsman investigates complaints about government departments and some other public bodies – they can also look into complaints about NHS hospitals or community health services.
• The Local Government and Social Care Ombudsman investigates complaints about local councils, care homes and some other organisations providing local public services.
• The Housing Ombudsman can help if you are a tenant or leaseholder and you have a dispute with your landlord if they are a social landlord or a voluntary member of their scheme.
• The Prisons and Probation Ombudsman carries out independent investigations into deaths and complaints in custody.

The ombudsman will look at evidence from both sides and decide what should happen. An ombudsman’s investigation can take a long time, so you might have to wait awhile for a decision.

If the ombudsman decides your complaint is valid, they will suggest what the organisation should do to fix things.

A public sector ombudsman can’t force an organisation to follow their recommendations, but most organisations usually do.

If you are not happy with the ombudsman’s decision, you might be able to take court action – but the court will consider the ombudsman’s decision.

Regulators or associations

Ofsted

Independent regulator and inspector for maintained schools, academies, non-maintained special schools, and early years settings

Ofsted is the body which inspects schools at least once every three years. Parents also have a legal right to complain to Ofsted on the work of:

• Maintained schools, Academies and City Technology Colleges
• Non-maintained special schools
• Early years settings (including childminders), both maintained and private

For example, Ofsted could investigate complaints about:

• The quality of education provided by the school or early years setting and the standards achieved
• Inadequate provision for pupils with SEN
• Neglect of pupils’ personal development and well-being
• The quality of the leadership and management, example: whether the school spends its money well (this could include the Special Educational Needs budget, for example)

You can make the complaint using the online form on Ofsted’s website.

Guidance is available on Complain about a school (gov.uk) website.

Education and Skills Funding Agency (EFSA)

Inspects further education colleges, adult learning organisations and apprenticeship providers

Education and Skills Funding Agency administers funding to deliver education and skills. You must follow the further education college or adult learning organisation or apprenticeship provider’s published complaints procedure. You can complain to the Education and Skills Funding Agency about how your complaint was handled.

The Education and Skills Funding Agency does not deal with complaints about employment issues (for example, a problem with your contract if you’re working as an apprentice).

You can make the complaint using the online form on Education and Skills Funding Agency website.

Independent Schools Inspectorate

Inspects independent schools

Many independent schools are members of associations such as the Independent Schools Council, which conduct their own inspections (for example through the Independent Schools Inspectorate). If the school is a member of an association like this, parents should complain to the relevant association.

Care Quality Commission (CQC)

Independent regulator and inspector for health and social care

The Care Quality Commission is the body which inspects health services and care providers. Activities they regulate include:

• Treatment, care, and support provided by hospitals, GPs dentists, ambulances, and mental health services
• Treatment, care, and support services for adults in care homes and in people’s own homes (both personal and nursing care)
• Services for people whose rights are restricted under the Mental Health Act

The Care Quality Commission do not investigate complaints (with the exception of the use of the Mental Health Act).  However, feedback received on experiences of care will be looked at alongside information from the service and what they found when they last visited them. Your information helps them decide when, where and what to inspect.

Professional Bodies

Independent regulator for members of staff rather than a whole service

Professional bodies keep an eye on how people in a certain job know, do behave and work. If your complaint is about a specific person instead of a whole service, you can get in touch with their professional body:

• Teachers: General Teaching Council for England
• Doctors and GPs: General Medical Council
• Nurses and Midwives: Nursing and Midwifery Council
• Other health and care professionals (including specialists such as occupational therapists, physiotherapists, speech and language therapists and educational psychologists): Health and Care Professions Council
• Social Workers: Social Work England

Tribunal

Appeals against local authority decisions for Education Health and Care Needs Assessments and Education Health and Care Plans

Sometimes, where disagreements and problems persist, parents of children and young people with Special Educational Needs may have the right to challenge decisions through a formal procedure by complaining to the Special Educational Needs and Disability Tribunal (SEND Tribunal).

Find out more on our Education Health and Care Plans Tribunal page.