What happens when an assessment goes ahead but the local authority decides a plan isn't necessary, and how to appeal that decision.
Sometimes an EHC needs assessment goes ahead, but the local authority decides afterward that a plan isn't necessary, usually on the basis that the child's needs can continue to be met through SEN support at school.
Yes. Because the assessment has already happened, professional reports will typically already exist, from educational psychologists, therapists, or other specialists the local authority consulted during the assessment.
The SEND Code of Practice sets out what these reports are expected to cover: a clear description of needs, the provision required, and the outcomes intended to be achieved.
Understanding what your existing reports actually say, and don't say, is often the real starting point here. SEND Assistant helps you make sense of the professional reports you already have. Try SEND Assistant free.
Do I need new reports, or can I use the ones from the assessment?
Reports already gathered during the assessment can generally be used as part of your appeal evidence.
How long after the refusal do I have to appeal?
The standard SEND Tribunal deadlines apply, two months from the decision letter, or one month from mediation ending.
What if the local authority changes its mind before the hearing?
Appeals are sometimes resolved this way, if the local authority reconsiders, the appeal may be withdrawn or amended.
Can I request the assessment be redone instead of appealing?
That's a different route, a reassessment request, rather than appealing this specific decision.
Is a refusal to issue more or less common than a refusal to assess?
Both occur, national statistics don't clearly separate the two for direct comparison.
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.