• Helpline: 020 8538 3731
Search
SOS!SENSOS!SEN
  • About
    • Our Leadership
    • Welcome
    • Our Vision and Mission
    • Volunteer With Us
    • Testimonials
  • Services
    • Helpline
    • Email Support
    • Walk-in Advice Centres
    • Booklets
    • Webinars
    • 1:1 Advice
    • Document Service
  • SEN Journey
    • Getting Started
    • Support in Education
    • EHC Needs Assessment
    • The EHCP
    • Annual Review
    • Appealing a Decision
  • Help Centre
  • Education Conference
  • Fundraising
  • Contact Us
  • About
    • Our Leadership
    • Welcome
    • Our Vision and Mission
    • Volunteer With Us
    • Testimonials
  • Services
    • Helpline
    • Email Support
    • Walk-in Advice Centres
    • Booklets
    • Webinars
    • 1:1 Advice
    • Document Service
  • SEN Journey
    • Getting Started
    • Support in Education
    • EHC Needs Assessment
    • The EHCP
    • Annual Review
    • Appealing a Decision
  • Help Centre
  • Education Conference
  • Fundraising
  • Contact Us
Young boy and girl playing with fidget spinners.

My LA is refusing to assess

Category: Appeals, Education, EHC Assessment, Getting started

Web Editor2022-12-06T00:05:19+00:00

You’ve anxiously waited up to six weeks for a decision from the LA about your request for a needs assessment. You’ve just heard…. unfortunately, it’s bad news. The LA has refused to do an assessment.

The LA must provide its decision to you in writing, together with a reason why it is not going to assess.

It might have stated, for example, that your child does not require an EHCP, as needs can be met from within normal school resources, or they do not believe your child has special educational needs that requires special educational provision.

Of course, how can they know this, if arguably, they have not carried out an assessment?

What are your options?

  • Whatever the reason stated, the decision provides you with the opportunity to appeal to the Special Educational Needs and Disability Tribunal (SENDIST). You will find this right to appeal contained in the decision letter that you are sent by the LA.
  • If you have not had a letter with the decision from the LA, you should request it from the case worker, by email, dated on the day you were advised of the decision.
  • If you have evidence that your child may have SEN and may require special educational provision above what is available within a school’s normal resources, and you do not agree with the decision, you should appeal.
  • You have two months from the date of the decision letter to submit your appeal or one month from the date of the mediation certificate, whichever is the longer.

It sounds daunting! But many have been in your position and successfully appealed the decision of the LA.

Appeals to SENDIST for a refusal to assess are typically paper hearings and you will not be expected to appear personally or online at a hearing.

Mediation

The decision also provides you with the right to mediation ahead of submitting an appeal. You must contact the mediation services either to book a mediation appointment, which must be within one month, or to request a mediation certificate. You cannot submit the appeal without the mediation certificate.

You are not obliged to attend and it does not impact the outcome of the Tribunal.

With a legal criteria for an EHC needs assessment at a low threshold, you may not wish to mediate on this point, and appeal immediately.

Whatever your decision, be mindful that mediation adds time to the process. If you have already been trying to secure an assessment via school, or taken time to get to this point with little engagement from the LA, you may wish to appeal immediately, particularly if you have good evidence and the LA has provided a higher level criteria than the law requires.

Legal criteria

The legal criteria set out in Section 36(8) of the Children and Families Act 2014 states that the LA should conduct an assessment if it is determined that:​

  • the child or young person has or may have special educational needs; and​
  • it may be necessary for special educational provision to be made for the CYP in accordance with an EHC Plan.​

Applying any other higher level criteria, such as your child has not had 3 cycles of access-plan-do-review, or has not been seen by an EP, are unlawful.

Speak to us about how we can help you with your appeal. We can support you with advice and paperwork to submit your appeal.

Find out more:

What's on Gov.uk?
  • Legal criteria for a needs assessment under S36 (8) of the Children and Families Act 2014
  • See SEND 35a form and guidance for refusal to assess
How can SOS!SEN help you?
  • Download our Drafting Grounds for Appeal template
  • Complete our Services Booking Form to get our help to appeal
  • See our pre-recorded Appealing a Refusal to Assess webinar (£10)

Share this post

Facebook Twitter LinkedIn Email WhatsApp

Related Posts

My child is out of class or being sent home

Is your child spending  a lot of the day in isolation or working with a TA outside of the classroom?...

Annual Review, Education
A boy in a suspension harness is taking part in a physiotherapy session. A physiotherapist wearing a blue uniform is working with him. There are coloured balls in a basket and wooden rails on a blue wall.
How to choose an expert to assess?

Understanding your child's needs is vital if there is to be a meaningful discussion on what provision they should have...

Appeals, Education, EHC Assessment
Not getting agreed support

You received a final EHCP for your child, the provision is sufficiently specified and detailed, and you breathed a sigh...

Annual Review, Education, Judicial Review
I’m new to this. Where do I start?

Firstly, welcome. You are amongst many parents in the same position. Most of us at SOS!SEN have been where you...

Education, Getting started
Acronyms

Special Educational Needs (SEN) has a language of its own. Anyone involved in this field soon discovers that there are...

Education, Getting started, Useful reference
Applying for a pre-action protocol letter

JR is a way for parents and young people to challenge the decisions of a public body, by asking a...

Appeals, Education, EHC Assessment, Getting started
Transport

Relevant legislation: Sections 508A, 508B, and Schedule 35B of the Education Act 1996. The obligations of the LA regarding transport  are different...

Education, Transport, Useful reference
EOTAS or home schooling?

For some children and young people, their needs are so severe and complex that traditional educational settings are not suitable...

Education, Getting started
Refusal to issue

You've just heard that the LA is refusing to issue an EHCP following a needs assessment. The LA has informed you...

Appeals, EHC Assessment
Disability Discrimination

Disability discrimination is now covered in law by the Equality Act 2010. Disability discrimination is when you are treated less...

Appeals, Education, Judicial Review

Browse by category

  • Annual Review
  • Appeals
  • Education
  • EHC Assessment
  • Getting started
  • Judicial Review
  • Transport
  • Useful reference

Call our helpline

Open during term time. Please check our social media page for updates to our helpline opening times.

  • 020 8538 3731

Connect with us

We regularly post to our social channels.

  • Facebook
  • Twitter
  • Instagram
  • LinkedIn

Contact our office

SOS! Special Educational Needs
92 Central Road
Worcester Park
Surrey
KT4 8HU

  • Media enquiries: 020 4592 3277
  • Privacy policy
  • Terms and conditions
Donate
© 2022 SOS! Special Educational Needs | Company Number 08634406 | Registered Charity 1153884
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent. View our full privacy policy.
Cookie SettingsReject AllAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.

View our full privacy policy.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
CookieDurationDescription
_ga2 yearsThis cookie is set by Google Analytics. The cookie is used to enable tracking of user interactions with this website to help us understand how the website is used.
SAVE & ACCEPT