What to do if the LA refuse to carry out an EHC Needs Assessment

It 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

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:

1. There are gaps in knowledge - it is not known what the needs are, and an assessment is the only way to determine these
2. There is little or no progress despite support from the setting
3. 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). 

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.

Following the meeting, if the local authority decide not to reconsider the decision you will need to decide whether to lodge your appeal. You can involve mediation at any time, after the Way Forward Meeting, if you feel it would be helpful.  

You can read the steps to appeal on our  RTA Flow Chart

Find more information on Appealing a LA decision and Mediation

You can use the SENDIST form for appeals against a LA decision not to carry out an EHC assessment.

We can help you plan and prepare for a Way Forward meeting and support you at the meeting, if required.