Overview
If talking to the service has not solved the problem, you can make a formal complaint.
Before you complain, think about what you want to happen. For example, you may want:
- an explanation
- an apology
- a change to the service
- a problem put right
Knowing what outcome you want can help you explain your complaint clearly.
Different organisations have different complaints processes. This includes schools, health services, Somerset Council and other providers. You can usually find information:
- on their website
- at reception or in waiting areas
- by asking a member of staff
Many organisations have time limits for complaints, so it is best to act as soon as possible.
You can complain to:
- the service you used, such as a school or GP practice
- the organisation that pays for or commissions the service, such as Somerset Council or NHS Somerset
The sections below explain how to complain about different services.
If your concern is about a SEND decision that carries a right of appeal, you should normally use the appeals process. You can still make a complaint about the service you received, such as delays, communication or administrative errors.
Complaints about schools or colleges
Use the school’s complaints process if you have concerns about:
- bullying
- support for a child or young person with SEND
- how school policies have been applied
- support set out in school-based plans
- other issues affecting your child’s education
Schools may not consider complaints about behaviour that happens outside the school’s hours or premises – check the school’s behaviour policy.
Schools are responsible for investigating and responding to complaints about their own services. The council cannot usually overturn a school’s decision through the complaints process. Find out more on complaining about a school (gov.uk).
Follow the school’s complaints procedure. You can usually find this on the school’s website alongside:
- the complaints policy
- the SEND policy
- the SEND information report
These documents explain what the school says it will provide and how concerns will be handled.
When making a complaint, be clear about:
- what has happened
- what support, provision or action is missing
- which policy, procedure or commitment you believe has not been followed
- the impact on your child or young person
- what outcome you would like
Referring to the school’s own policies can help you explain why you believe the complaint should be upheld.
Contact offers a complaint letter template that may help you organise your concerns.
School suspensions and exclusions
If your child is suspended or excluded, the school should tell you why and explain what happens next.
You should also be given information about how to challenge the decision if you disagree with it.
All school exclusions are governed by national guidance and Somerset Council has a checklist of expectations in place.
Complaints about early years and childcare providers
If you have concerns about an early years setting or childcare provider, follow their complaints procedure.
This could include concerns about:
- support for children with SEND
- bullying
- changes to policies
- the quality of care or support
Find out more on our page complaining about an early years or childcare provider.
Complaints about the Somerset Council SEND team
Use this process if your complaint is about:
- EHC needs assessments
- EHC plans
- SEND processes and services
Before making a complaint, check whether you have a right of appeal. If you do, you should usually use the appeals process instead.
You can make a complaint through our complaints, comments and compliments process.
We aim to reply within 10 working days. If it will take longer, we will let you know.
Support in an EHC plan not being provided
If your child is not receiving the support, equipment or provision set out in their EHC plan, speak to the SENCO or SEN lead at their school, college or setting first.
If the issue is not resolved, we can discuss your concerns with the setting. Schools and colleges usually deliver the support in an EHC plan. However, the local authority remains legally responsible for making sure the special educational provision in the plan is provided.
Find out more about provision within the EHC plan.
Complaints about GP practices
If you are unhappy with medical care provided by a GP practice, use the practice’s complaints process.
Each practice has a complaints manager who can explain how to make a complaint.
You can usually find details on the practice website.
You can also complain to NHS Somerset, which commissions GP services across Somerset. Find out more in the Complaints about NHS services in Somerset section below.
Complaints about hospital, community and mental health services
If your complaint is about hospital care, community health services or mental health services provided by Somerset NHS Foundation Trust, contact their complaints team.
The trust can explain how the complaints process works and what happens next.
Complaints about NHS services in Somerset
Most people find it quickest to complain to the service that provided their care. The service can look into what happened and try to resolve the issue directly.
If the issue cannot be resolved locally, or you do not want to complain to the service directly, you can contact the Patient Advice and Liaison Service (PALS). They can explain the complaints process and discuss the options available to you.
NHS Somerset uses complaints, concerns and compliments to learn from people’s experiences of the services it commissions. This feedback helps improve services and make sure they are safe, effective and meet people’s needs.
NHS Somerset can consider complaints about:
- GP services
- pharmacies
- dentists
- opticians
- complaints involving more than one NHS provider
Visit the NHS Somerset PALS and complaints page for information about how to make a complaint.
Complaints about specialised NHS services
NHS England deals with complaints about some specialised services for people with rare or complex health conditions.
This also includes military health services.
Visit the NHS England website for information about how to make a complaint.
Complaints about the Mental Health Act
If you want to complain about how the Mental Health Act has been used, contact the Care Quality Commission (CQC).
This applies when someone has been:
- detained in hospital under the Mental Health Act
- placed under guardianship
- given a community treatment order
Other types of complaint
Different organisations deal with different issues.
You can contact:
- Equality Advisory and Support Service for complaints about discrimination
- Employment tribunals for complaints about employers
- Standards and Testing Agency for concerns about SATs administration
- Ofqual or the awarding body for concerns about qualifications and exams in secondary education
Visit the relevant organisation’s website for advice and information.
When to make an appeal
An appeal is different from a complaint.
Make a complaint if you are unhappy with a service or the way you were treated.
Make an appeal if you think a decision is wrong or unfair and want it looked at again.
You may be able to appeal decisions about:
- school travel assistance
- post-16 travel assistance
- school admissions (universal and Special Educational Needs Support school places)
- EHC Needs Assessment and EHC plan processes (including EHC plan school places)
- school exclusions
- Blue Badges
- autism and ADHD assessments
- benefits
Follow the information provided with the decision you want to challenge. It should explain what you need to do and any deadlines you need to meet.