Definition
The local authority is the council responsible, under the Children and Families Act 2014, for arranging and funding the special educational provision in a child's EHCP. The LA (not the school) is the legal duty-holder for assessment, plan content, and provision under section 42.
In context for parents
Key checkpoints
- The LA is the legal duty-holder for assessment, plan content, and provision under the Children and Families Act 2014, not the school.
- Around 150 LAs in England (county councils, metropolitan boroughs, London boroughs, unitary authorities).
- Key duties: assess on the s.36(8) "may need" threshold; arrange Section F under s.42; consult preferred school under s.39; publish Local Offer under s.30; arrange suitable education under Education Act 1996, s.19.
- LAs are also subject to public law duties: rationality, fairness, following published procedure, giving reasons.
- LGSCO investigates maladministration (delays, communication failures, process failures); JR at the Administrative Court is available alongside tribunal.
There are around 150 local authorities in England with SEND statutory functions (county councils, metropolitan boroughs, London boroughs, and unitary authorities). The functions are shared internally: the SEND team handles assessments and EHCPs; commissioning teams arrange therapy and respite; admissions handles school places; transport handles home-to-school. When a parent's complaint moves between departments, the legal duty stays with the LA as a whole.
The duties most commonly tested by parents:
- The duty to assess on the section 36(8) "may need" threshold.
- The duty to arrange the provision in Section F under section 42 (an unqualified duty: funding is not a defence).
- The duty to consult and name the preferred school under section 39, with refusal only on the three section 39(4) grounds.
- The duty to complete the assessment process within 20 weeks (regulation 13).
- The duty to issue annual review decisions within four weeks (regulation 20).
- The duty to publish a Local Offer (section 30).
- The duty to arrange suitable education for children of compulsory school age unable to attend school (Education Act 1996, section 19).
LAs are also subject to the public law duties: to act rationally, to follow their own published procedure, to consider relevant matters and exclude irrelevant ones, and to give reasons for adverse decisions. Where these are breached, judicial review at the Administrative Court is available alongside (or in place of) a SEND tribunal appeal.
The Local Government and Social Care Ombudsman investigates maladministration by LAs in SEND matters (particularly delays, communication failures, and failure to follow process) and can order financial remedy.
Related terms
The terms parents most often see alongside Local Authority.
Education, Health and Care Plan(EHCP)
A legally binding document, issued by a local authority in England, that describes a child or young person's special educational needs and the provision the LA must arrange to meet them.
SEND Tribunal
An independent tribunal that hears appeals against local authority decisions on EHC needs assessments, EHCP contents, school placement, and disability discrimination by schools.
Local Offer
A statutory information service every local authority must publish, setting out the SEND services, support, and provision available in their area for children and young people aged 0-25.
Personal Budget
An identified amount of funding within an EHCP that parents can choose to direct themselves, in agreement with the LA, towards securing the provision in the plan.
Where parents ask about this
Parents usually find this page when an LA has missed a statutory deadline, when a complaint is escalating, or before deciding which route (tribunal, complaint, ombudsman, or judicial review) fits a particular failure. Searches include "complain about local authority SEND", "LGSCO SEND complaint", and "judicial review SEND". A Beaakon SEND solicitor can identify which legal route fits your situation, draft the complaint, ombudsman submission, or pre-action protocol letter, and escalate to JR where the LA's behaviour calls for it.
References
The primary legislation, statutory guidance, research, and clinical tools this page draws on.