LA refuse to carry out an EHC Needs Assessment & Way Forward Meetings
Email this pageIt is really helpful to find out why the local authority reached this decision. You can ask them for a ‘Way Forward Meeting’, including school to discuss their reasons.
It could be that they have identified some support that school can be put in place without an EHC plan for example.
The local authority decision letter should explain that there is a right to appeal to the First-tier Tribunal (Special Educational Needs and Disability), offer to discuss the decision with you, and should contain details of a mediation service for you to contact
Some ideas for when you speak to the local authority
- Ask them to explain what they expect the setting to provide. Make notes about this because you might need to go back to the setting to discuss this with them.
- Ask them to be clear about the evidence they would need before carrying out an assessment. For example, this might be more information about your child or young person’s progress and the impact of any previous advice or recommendations.
- Check they have all the evidence that was provided. Share any new information such as recent letters or reports.
- Was there any information you forgot to put in your family views form that you would like to share?
- Are they recommending the setting seek any specialist advice? Ask about the service being suggested and what is hoped to be achieved by their involvement.
- Have the local authority considered all of your child or young person's needs? For example, you might feel the local authority have identified support or a specialist service to help with some areas of need, but not all.
SEND IASS have created a Refusal to Assess Appeal flow chart
What is a Way Forward Meeting?
A Way Forward meeting is an opportunity to meet with the Local Authority and education setting to discuss the decision and share any additional information you may have. If you and the education setting provide any additional evidence, the local authority may decide to take this back to panel to be reconsidered.
When preparing your questions, think about the reasons you are seeking an assessment and what is hoped will be achieved by the process. Reasons usually fall into one or more of these categories:
- There are gaps in knowledge - it is not known what the needs are, and an assessment is the only way to determine these
- There is little or no progress despite support from the setting
- The setting need help from the local authority to provide what is needed
Progress is not limited to academic attainment and can be across any of the four broad areas of need (communication and interaction; cognition and learning; social, emotional and mental health difficulties; sensory and/or physical. See 6.28 to 6.34 of the SEND Code of Practice for a full definition).
The difference between a Way Forward meeting and Mediation
A Way forward meeting
A Way forward meeting is an informal meeting between the local authority, parents and sometime school. These meetings should be offered promptly in an effort to discuss and resolve the disagreement.
A way forward meeting is often offered virtually/on line or by telephone –face to face meeting can be arranged but this may prevent meetings taking place promptly. Way forward meetings gives parents the opportunity to share additional information or a new report and ask the local authority if there is any further information that could be provided to evidence their child requires additional support in a setting.
Following the Way Forward Meeting, if the LA decide not to reconsider the assessment then you will need to consider whether to submit an appeal to the First Tier Tribunal Service. Before bringing an appeal to tribunal, mediation must be considered and a certificate obtained to evidence that you have registered.
Mediation
Mediation is formal mediation to try to settle the dispute and involves between the parent and the Local Authority and an independent mediator to try to reach an agreement. Global Mediation is the Mediation Service for Essex Local Authority. Global Mediation must be contacted before your two month right of appeal expires – they will ask details of the appeal timeframe and the reason you are contacting mediation.
Global Mediation will offer you a mediation meeting but you don’t have to go forward on the mediation meetings if you don’t want to. Sometimes parents may already have had discussions with the LA via the way forward meeting and feel that mediation may not be beneficial and decide to save time and go straight to appeal.
If you decide to go straight to appeal:- Global Mediation will issue you with a mediation certificate confirming you have been told about your right to mediation but you do not want to do so. This certificate must be issued within 3 working days of you telling them that you do not want to go to mediation. The Certificate will enable you to lodge your appeal, either within two months of the original decision letter or within one month of receiving the certificate, whichever is the later.
If you decide to involve mediation:- Mediation meetings must take place within 30 days of the mediation adviser informing the LA that parents want to go to mediation. If the LA is unable to arrange a mediation meeting within 30 days it must tell the mediator and Global Mediation must then issue a certificate within 3 days. You can then decide if you wish to appeal immediately or wait for the mediation to take place.
The role of the mediator will ensure all parties understand what is said and have an opportunity to discuss and ask questions.
Following mediation, the mediator will confirm agreed actions and issue a Mediation certificate. The Certificate will enable you to lodge your appeal, either within two months of the original decision letter or within one month of receiving the certificate, whichever is the later
Can I have a Way Forward meeting AND Mediation?
Yes but you may not feel it necessary to have both. A Way Forward meeting is an opportunity to ask questions, share your views and any supporting additional evidence. If you have already met with the local authority and explored their decision in detail, mediation meetings may not be beneficial, and you may decide to save time and lodge an appeal.
What happens after a way forward meeting?
If an agreement was not reached, parents can then decide if they wish to lodge an appeal. Before bringing an appeal to tribunal, mediation must be considered and a mediation certificate obtained to evidence that you have registered
Sometimes parents may already have had discussions with the LA via the way forward meeting and feel that mediation may not be beneficial and decide to save time and go straight to appeal.
If parents decide not to involve formal mediation, they must contact Global Mediation within the two months appeal timeframe for the mediation certificate. The Certificate will enable you to lodge your appeal, either within two months of the original decision letter or within one month of receiving the certificate, whichever is the later