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Pre-Action Protocol Letters
A formal Legal challenge when a Local Authority is failing to meet its statutory duties
We support families where a Local Authority has missed a statutory deadline, failed to meet its duties or not secured the special educational provision a child or young person is entitled to receive.
A Pre-Action Protocol Letter is a formal challenge setting out what has gone wrong, what action is required and the timeframe for response. It is often the first step before judicial review is considered, giving the Local Authority a final opportunity to resolve the matter without further proceedings.
Pre-Action Protocol letters
Verified by an education lawyer
Led by lived experience
Parents & carers of SEND children
What is a Pre-Action Protocol Letter and when is it Needed?
A Pre-Action Protocol Letter, sometimes referred to as a letter before claim, is a formal legal letter sent to a Local Authority where there is evidence that it may be failing to comply with its statutory duties.
It may be appropriate where there have been significant delays, a failure to secure the provision specified within an Education, Health and Care Plan, an unlawful decision or another breach of the duties owed to a child or young person with special educational needs and disabilities.
Its purpose is to give the Local Authority a final opportunity to resolve the matter before judicial review proceedings are considered. In many cases, the issue can be resolved at this stage without the need for court action.
Every Pre-Action Protocol Letter we prepare is verified by an education lawyer with more than 30 years’ experience in education law before it is issued to the Local Authority.
Where the Local Authority does not provide a satisfactory response, we can refer families to specialist solicitors to consider progressing the matter to judicial review.
Key benefits
How we help with Pre-Action Protocol Letter
A formal challenge grounded in the relevant legal framework
Verified by an experienced education lawyer
Sent directly to the Local Authority’s legal team
Often resolves matters without the need for court proceedings
You’re not alone
When families often seek Pre-Action Protocol Letter support
Families often seek support when one of these situations sounds familiar.
The Local Authority has failed to secure the special educational provision set out in Section F of the EHCP
A statutory deadline has been missed
A Tribunal order or mediation agreement has not been complied with
★★★★★
“After nearly 20 exhausting months of battling with the LA, all the missed deadlines, ignored emails and countless legal failings, Laura stepped in and took over everything.”
IO
Parent we supported
Our SEND Options
How we support families with Pre-Action Protocol Letters
Each Pre-Action Protocol Letter is prepared according to the specific facts, evidence and legal issues in the case.
We review the relevant chronology, correspondence and supporting evidence to identify any potential breach of statutory duty. We then prepare a formal legal letter setting out the Local Authority’s alleged failings, the relevant legal framework and the action required to resolve the matter.
Before it is issued, the letter is verified by an education lawyer It is then sent directly to the Local Authority, providing an opportunity for the matter to be resolved before judicial review proceedings are considered.
Pre-Action Protocol Letter Drafting
For families who believe a Local Authority has failed to meet its legal duties and need to consider a formal legal challenge.
We review the evidence and correspondence, assess the merits of the case and identify the legal duties involved. Where there are grounds to proceed, we prepare a Pre-Action Protocol Letter setting out the Local Authority’s failings, the legal basis of the challenge and the action required.
The letter is reviewed by a specialist education lawyer before we send it to the Local Authority’s legal team.
For families who believe a Local Authority has failed to meet its legal duties and need to consider a formal legal challenge.
We review the evidence and correspondence, assess the merits of the case and identify the legal duties involved. Where there are grounds to proceed, we prepare a Pre-Action Protocol Letter setting out the Local Authority’s failings, the legal basis of the challenge and the action required.
The letter is reviewed by a specialist education lawyer before we send it to the Local Authority’s legal team.
our process
How our Pre-Action Protocol support works
01. Contact us
Send us details of the Local Authority’s alleged breach, together with the relevant correspondence, decisions and missed deadlines.
02. Case review
We review the documents, identify the legal issues and assess the merits of the proposed challenge.
03. Drafting and verification
We prepare the Pre-Action Protocol Letter, send it to you for approval and arrange for it to be reviewed by a specialist education lawyer.
04. Issue to the Local Authority
The letter is issued on our letterhead directly to the Local Authority’s legal team, with a deadline for response.
04. Further action
Where the matter is resolved, no further action is required. If the response is unsatisfactory, or the Local Authority fails to act, we can refer you to specialist solicitors for advice on judicial review.
Is this the right support for you?
This service is often most helpful where there is evidence that a Local Authority may be failing to comply with a specific legal duty and informal attempts to resolve the issue have not been successful.
A Pre-Action Protocol Letter provides a formal legal challenge and an opportunity for the matter to be resolved before further legal action is considered.
We Commonly Support With Pre-Action Protocol Letters Relating To
Failure to make an EHC Needs Assessment decision within statutory timescales
Failure to issue an EHCP following an assessment where a decision to issue has been made
Failure to finalise an EHCP within statutory timescales
Failure to comply with phase transfer deadlines
Failure to secure provision specified in Section F of an EHCP
Failure to arrange suitable education or provision where a child is out of school
Failure to arrange or secure Education Otherwise Than In School (EOTIS) provision
Failure to provide free school meals for children receiving EOTIS provision where entitlement exists
Failure to hold an annual review when required
Failure to complete the annual review process within statutory timescales
Failure to issue a draft amended EHCP following an annual review decision to amend
Failure to complete statutory processes following a transfer between Local Authorities
Failure to comply with the terms of a mediation agreement
Failure to comply with a Tribunal order
Other failures to comply with statutory duties owed to children and young people with SEND
Failure to comply with agreed actions or timelines following a conceded Tribunal appeal
Free download
7 Things to Check Before You Accept a Draft EHCP
A practical guide to help you identify unclear wording, missing provision, and the key sections that matter before your EHCP is finalised.
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Real reviews from parents and carers we’ve supported through EHCPs, appeals and Tribunals.
Questions & answers
Frequently asked questions about Pre-Action Protocol letters
Still unsure about something? We’re always happy to talk it through.
Why families choose us
You are in safe, experienced hands
We are a multi-award-winning team of independent SEND advocates and consultants with backgrounds in healthcare, education and law.
Every member of our team has personal experience of navigating the SEND system, either as a neurodivergent person, as a parent advocating for their own child/ren, or both. That lived experience sits alongside our professional knowledge and shapes the practical, compassionate support we provide.
Our team holds Advanced IPSEA SEND Law Level 3 training at a minimum, undertakes ongoing professional development and keeps up to date with relevant case law, statutory guidance and developments in SEND law. Where appropriate, we may also seek specialist legal input on more complex matters.
We are proud of the recognition our work has received, but we are most proud of the families who continue to place their trust in us and the outcomes we have helped them achieve for their children.
SEND GUIDANCE
Helpful guidance for families navigating SEND
Explore related support
Other ways we can help
EHCP Content and Placement Appeals
Support challenging content, provision, or placement in a final EHCP, including EOTIS cases within Tribunal proceedings.
Tribunal Support and Representation
Support on the day of your SEND Tribunal hearing.
Advice Calls and Email Support
Clear, strategic advice on your legal position and next steps.
Here when you’re ready
Local Authorities have legal duties. We can help you challenge their failure to comply.
Where a Local Authority is not meeting its statutory duties, we can review the circumstances, explain the legal position and advise whether a formal legal challenge may be appropriate.