What a local authority has to explain when it refuses to carry out an EHC needs assessment, and how the appeal process works.
If a local authority decides not to carry out an EHC needs assessment, it has to explain its reasoning clearly in the decision letter, including what it relied on to reach that conclusion.
Under the Children and Families Act 2014, an assessment is required where a child may have special educational needs and may need provision beyond what a mainstream school or college can typically arrange from its own resources.
An appeal against a refusal to assess is decided on paperwork, by a Tribunal panel, rather than through an oral hearing, unless a hearing is specifically requested. Evidence commonly considered in this type of appeal includes records of the SEN support already provided at school, and professional reports describing the child's needs.
Understanding what "beyond what a mainstream school can typically arrange" actually means for your child's specific situation is where this gets hard to do alone. SEND Assistant helps you work through what evidence is relevant to your case. Try SEND Assistant free.
Do I need a diagnosis to request an assessment?
No, a diagnosis isn't a legal requirement, what matters is evidence of the child's needs and the provision required.
Can I appeal without having asked for a meeting first?
Yes, the meeting is optional and doesn't affect your right to appeal.
How long does a paper-based appeal take?
Timescales vary by Tribunal caseload, this isn't fixed nationally.
Can I request a hearing even for a refusal to assess appeal?
Yes, you can specifically request an oral hearing rather than a paper decision.
What if the school disagrees with the local authority's decision?
The school's own view and records can form part of your evidence, though it's your appeal to bring.
This article is for general information only and does not constitute legal advice. Access to Justice is not a law firm and cannot represent you.