LA have just refused to assess for ECHP - HELP!

[mermaidsvssuperheros]

I have just recieved an email saying the board has decieved that the local LA will not carry out an assessment of DS at this time.

There are some people on here who are very knowledgeable on the EHCP process so What do I do now please?

any info would be greatfully recieved and much appreciated.

thanks in advance.

Appeal, the vast majority of refusal to assess appeals are upheld. Don’t bother with mediation, just get the certificate and submit to SENDIST. LAs use mediation as a delaying tactic, if they are going to concede they will do so whether you actively partake in mediation or just get the certificate.

Depending on what evidence you have consider independent assessments &/or a SAR to school and any other professionals involved.

Appeal - 95% of cases that even get to tribunal go in favour of the parent/carers.

thank you @takeachance 18 and @Takeachance18
how do i appeal?

I looked at ipsea website but cant see a appeal letter or anything?

thanks

The form is here www.gov.uk/government/publications/form-send35-special-educational-needs-and-disability-tribunal-appeal .

You can ask to see all info submitted to panel. Then prepare a specific letter for reasons why they meet the low level for assessment.

There should be info from the LA about how to appeal

With the refusal to assess the LA should have given you details on appealing, including details of the mediation service. Start by contacting them and saying you have considered mediation but don’t wish to take part can you send you a certificate please. If the LA haven’t given you these details email the Director of Children’s Services asking for them as they are frustrating your right of appeal.

Then once you have the mediation certificate you can submit an appeal to SENDIST. Don’t miss the deadline - 2 months from the LA’s refusal to assess or 1 month from the date of the mediation certificate, whichever is later.


www.gov.uk/government/publications/form-send35a-special-educational-needs-and-disability-tribunal-appeal-a-refusal-to-secure-an-ehc-needs-assessment This is the form for a refusal to assess.

thank you so much,,,
I received an email saying they were not assessing, and that a password would be sent to access an attahced letter - however, no password has been sent - so i cannot access their letter stating reasons...
Given that it is Friday, I presume I won't get anything until Monday now !
bit rubbish of them. to leave me hanging over the weekend...
I will look at the website you;ve suggested and see if there's anything ican put into place whilst i wait for monday...
thanks again. it's great to have your advice.