EHCNAs - appealing a refusal to assess

EHCNAs…How many times have you heard that a local authority has refused to assess a child. Every week, I hear from schools and parents who have been told that their LA have said “no to assess”. The disappointment, the upset and stress that this causes is significant.

For SENCOs, it is frustrating as you submit a request knowing the child needs more support. For parents, the frustration comes from knowing there will be yet more delay before your child gets what they need. In many cases, people say to me they have not got the energy left to fight and this comes with a lot of guilt around letting your child down.

The thing is, there are only two legal tests which should be used to decide whether a child should have a needs assessment. If your LA has refused and said anything such as:

• Not enough cycles of APDR

• Spend £6k before you re-apply

• Get another professional involved first

or in some cases, the they have quite simply said “we don’t think they need an EHCP” then they are acting unlawfully!

None of these “reasons” should be used to refuse a needs assessment as they are not written in law as requirements. Tribunal panels will ONLY look at the two legal tests and will not look kindly on refusals based on unlawful reasons. Did you know that schools are allowed to support parents with the appeals process?

Appealing does not have to be difficult and you have a very high chance of success. There are a few tips, phrases and legal references that will really help you. It is also useful to include other documents you may have about a child such as school reports, letters from professionals if you happen to have them, risk assessments etc. These are things that schools will often have already and can simply download.

Join me for a live webinar where we will look at the appeals process, go through some top tips for your application, questions around whether or not to attend mediation and finally what to expect whilst the appeal is in progress.

Wednesday 7th May (4-5pm)

Only £19, CPD certificated

https://www.tickettailor.com/events/indigoowlcoachingandconsultancyltd