Can I refuse an EP assessment

[LBV]

Hiya,

Has someone had experience with the following:
Following an assessment LA refused to issue an EHCP. After registering the Appeal at Tribunal, the LA want an EP to assess my child again.

The first EP report was awful, diminishing my child’s difficulties etc.

As we are providing ABA at home, there’s a lot of improvement in my child. I fear that
as the EP is employed by the LA, they will have the council’s interest at heart and will state that as there’s so much progress no EHCP is needed.

Does anyone know what will be the implications if I refuse a second EP assessment and ask the council to use the old report as evidence for the Tribunal? Would the judge see me as obstructive? Could the council apply for a court order allowing them to carry out the second EP assessment without my agreement?
Many thanks

If you refuse the LA could ask SENDIST to order it. When was the previous assessment? Have you got an independent EP assessment?

Hi thanks for the response. The previous one was done in April 2022. The case hearing is in March 2023. I have a private report from the Behavioural Psychologist, supervising the home intervention. I just can’t help, but assume that the new LA report will say there’s a huge improvement and no extra support is needed. Preschool seem to be on our side, but I know that the EP report is the most treasured document… I think you’ve answered my question- the LA can ask SENDIST to order it, so perhaps no point in resisting in it. I guess the best strategy is to counter it with a comprehensive Independent EP.