The threshold for EHCP assessment is 'might have a SEN.'
LAs cannot defend against no to assess decisions because the legal criteria is so low, so are agreeing to assess everyone who request it and consequently forming huge backlogs which can't be met.
It is then very difficult to defend no to a plan after doing an assessment, LAs usually lose in SEND tribunals because the parents who go to tribunal usually have private ed psychs and therapists who state a much higher level of provision required than the LA professionals.
Consequently anyone who works in SEND knows there are parents who have played the system to gain an extraordinarily high level of need for their child who has mild needs. Every SENCO knows of a child in their school who gets a much higher level of provision than another child with more severe needs because parents have successfully utilised the SEND framework.
The SEND system is broken. Thousands of children are not getting their needs met. This isn't because some parents can utilise the system better than others (usually the better off professional parents TBH) but it is one factor which is happening.
Parents of SEND children who refuse to recognise this is a reality, and who continue to just shout that everyone needs more and LAs and the Tories are just mean and don't care, are not helping SEND children. And beleieve me Labour don't have the answer here, because there isn't one without a radical overhaul which wuld be costly (they don't have the money) but also highly controversial and unpopular (important to look like you are the nice party even if you aren't solving anything).
We should all be able to agree the neediest children need most support, this isn't always happening, and some parents get their children preferential treatment, as the system allows this.
We need a better fairer system for all SEND children.