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Refusal to
Assess
Cost:
£300
Do you wish to appeal the decision made by the Local Authority not to carry out an EHC Needs Assessment?
We require the following from you:
-
LA letter refusing the assessment
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Mediation certificate
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Documents that were sent to the LA for the EHC request and any other evidence you have received since.
We complete the forms and a Grounds of Appeal document, which states why your child should have an assessment. We also keep track of the key dates that we have to adhere to as ordered by the tribunal.
You do not need to attend the hearing, the tribunal make a decision on the paperwork that we submit. Because the legal threshold at assessment stage is low, the probability of getting the assessment is high.
You will need to get a mediation certificate from a mediation company. These are listed on the letter that the LA sent to you. Inform them that you wish to go straight to tribunal and do not want to consider mediation first. Our experience is that LA's do not overturn their decision at mediation unless there is any new evidence.
You have 2 months from the date of the LA letter to get a mediation certificate, you will loose the right to appeal after this date. You then have a month from the date on the mediation certificate (or whichever date is latest).
Once we have received payment from yourselves, we can start the paperwork, even if you haven't received the certificate. We can then lodge the appeal once you receive the certificate.
Official RTA Decision
What to expect once Appeal has been lodged
The LA should decide whether to undertake an EHCNA within 6 weeks of the initial request* and you should receive notice of their decision, in writing (even if this is after an initial phone call and even if it was the education setting that made the initial request). If the LA have decided NOT to do an EHC needs Assessment (a ‘Refusal To Assess’ / RTA) they are required to give you information about why they are refusing to assess, along with your right to appeal, the time limits for doing so, information about mediation and disagreement resolution and information and advice about matters relating to the special educational needs of children and young people. (Send Regs 2014 5(3)) * There are specific exceptions to this – Summer holidays, exceptional personal circumstances affecting the child, the child’s parent or the young person during this time period, the child, the child’s parent or the young person are absent from the area of the authority for a continuous period of not less than 4 weeks during this time period. If the LA have not included all of the reasons fully in their communication with you, we would advise contacting your LA and requesting all the information. In considering whether to do anything about the decision, it is helpful to revisit the 2 legal tests within the Children & Families Act 2014 that have to be considered by the LA when a request for an EHCNA is made: (a) the child or young person has or may have special educational needs, and (b) it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.
Once the SENDIST Tribunal has received the appeal, they will notify us (as we are your representative) this can take up to 30 working days as the Tribunal is a national service and not just to your local area. They will send a registration letter which will include your individual reference and all the important dates including: The LA must send its response to us Both parties must send each other any further evidence Both parties must send a completed case review form to include any witnesses The LA must produce a bundle with all relevant paperwork that has already been submitted (by both parties) to both us and the Tribunal The Hearing Date* *For Refusal to Assess – it is a paper hearing only (no need to attend). They will give us a month’s window for the tribunal, and inform both parties of the exact date, 10 days prior. The current wait for a Refusal to Assess hearing date is approx. 5 months (Aug 24)
Possible next stage:
Payment Options
We accept Debit and Credit cards for one off payments, and we use Go Cardless if you wish to spread the costs*. Once agreed an invoice will be sent to your email for payment.
*Dependant on which service you are requiring
Downloadable PDF
Welcome to Support for SEND
Your Partner in SEND Support
Support for SEND (formally Solihull SEND Consultancy) is managed by Helen Ingham. The company was set up as Solihull SEND Consultancy in October 2016 to try and make a difference to families in Solihull that were finding it more and more difficult to access the ever dwindling free services available to them.
We currently support families across the UK and LA's include:
Solihull, Birmingham, Warwickshire, Staffordshire, Coventry, Dudley, Barking & Dagenham, Bedfordshire, Herefordshire, Sandwell, Peterborough, Nottinghamshire, Lewisham, Brighton & Hove, Kent, Lancashire, London Borough of Hillingdon, London Borough of Redbridge, Norfolk and Bristol.
Many of the families we support trust our services and professionalism and always know that we are only a call away.
Get in touch if you would like support and we can add your LA to our list.
Family Feedback
Start Your EHCP Journey
Schedule a free 30-minute consultation with Support for SEND and let us help you navigate your SEND journey. This consultation is an opportunity for us to better understand your struggles and questions, and for you to see how we can support you moving forward. Together, we can find the best way to support your family.
