My LA Have Refused an EHC Needs Assessment. What Can I Do?

Anna
May 19, 2024
3 min read

Updated: May 5

Navigating the process of an Education, Health and Care Needs Assessment (EHCNA) request for a child can be challenging—especially when faced with a refusal from the Local Authority (LA). Understanding your options and the steps available after a refusal is crucial to ensuring your child receives the support they need.

This guide explores the actions you can take following a refusal, including accepting the decision, pursuing mediation, and appealing to the SEND Tribunal (SENDIST). It also outlines the preparation needed for mediation and appeal. It provides information about resources available to support families through the process.

Local Authorities refuse, on average, 50% of all EHCNA requests they receive. Most of these refusals occur because the LA fails to apply the legal test, relying instead on internal policy—which is not lawful. When challenged, these decisions are almost always overturned.

In fact, 98% of parents' appeals to SENDIST are successful.

If your Local Authority refuses an EHCNA for your child, it is strongly recommended that you challenge this decision.

What Are My Options?

If your LA refuses an EHCNA for your child, you can:

Accept the decision and work with the school to meet your child's needs using existing resources.
Request mediation to discuss the decision with the LA and ask them to reconsider.
Appeal to the SEND Tribunal (SENDIST).

Accepting the Decision

If you choose to accept the decision, take time to:

Review what support and provision schools should offer under SEN Support.

SEN Support – IPSEA
Understand the school's legal duties, particularly:
- The 'Best Endeavours' Duty:
  
  Best Endeavours Duty – IPSEA
- Disability Discrimination and the Equality Act 2010:
  
  Types of Disability Discrimination – IPSEA
Arrange a meeting with your child's SENDCo to:
- Discuss the decision.
- Explore what additional resources or support can be provided.
- Review any guidance suggested by the LA in their refusal letter.
- Clarify how the school is meeting its legal obligations under SEN Support, the Best Endeavours Duty, and the Equality Act 2010.

If you are not satisfied that the school is willing or able to make appropriate provision from its own resources, consider requesting mediation or proceeding to appeal.

Using Mediation

You have a legal right to request mediation within two months of the LAs refusal letter date.

To request mediation:

Call the number provided in the LAs letter and ask them to arrange mediation.

Mediation is an informal process intended to help you and the LA reach an agreement. It is free of charge, and an independent mediator will facilitate a discussion around your child's case and the decision made.

Preparation is essential. Before attending mediation, you must:

Understand the legal test.
Collect and organise your evidence.
Be ready to explain why your child meets the criteria for an assessment.

Our Webinar can help you prepare by:

Explaining the legal framework.
Guiding you through gathering evidence.
Helping you write a compelling written submission.

At the end of mediation, you will be issued a mediation certificate. If the LA does not change its decision, you will have one month from the certificate date to submit an appeal to SENDIST.

Appealing to SENDIST

You can appeal immediately after receiving a refusal from your LA—you do not have to attend mediation first. However, you must consider mediation and obtain a mediation certificate even if you choose not to participate.

To do so:

Call the mediation service named in the LA letter.
Inform them you do not wish to proceed with mediation.
Request a mediation certificate.

Once you have the certificate, you may lodge your appeal. You must submit your appeal within two months of the LA's refusal letter or within one month of the mediation certificate date—whichever is later.

Our Webinar will support your appeal by: