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Here you'll find advice from parents and teachers on special needs education.

Won needs assessment appeal- what next?

6 replies

Bubl · 19/12/2022 21:46

Ive won my appeal and the LA have to conduct a needs assessment. I’m very new to all this. Is there anything I should watch out for? Anything I should be checking or asking for? Am I right in my interpretation that they have ten weeks to carry out the assessment? Is that affected by bank holidays?
thank you for any advice

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Bubl · 19/12/2022 22:16

I’m reading a bit more about timescales…. I think they have 20 weeks from start to finish, so would it mean they have 14 weeks left now if they want to issue an EHCP? They reduced the needs assessment in under 6 weeks, but this was back in the summer!

Literally any tips/advice/guidance would be very welcome. I feel very out of my depth. Thank you.

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JustKeepBuilding · 19/12/2022 22:40

The LA must inform you they are going to assess within 2 weeks, if they don’t intend to issue notify you within 10 weeks and if they are going to issue must finalise within 14 weeks. Bank holidays aren’t an exception to the statutory timescales. Make sure the LA stick to the timescales.

The LA must seek advice from:
a) the child’s parent or the young person;
b) educational advice (usually from the head teacher or principal);
c) medical advice and information from a health care professional;
d) psychological advice and information from an educational psychologist;
e) advice and information in relation to social care;
f) advice and information from any other person the local authority thinks appropriate;
g) where the child or young person is in or beyond year 9, advice and information in relation to provision to assist the child or young person in preparation for adulthood and independent living; and
h) advice and information from any person the child’s parent or young person reasonably requests that the local authority seek advice from.

H can include things like SALT and OT so if you want/need anything like that make sure to request them in writing.

If you haven’t already IPSEA and SOSSEN’s website are worth reading.

Bubl · 19/12/2022 22:51

Thank you!!! That’s incredibly helpful, thank you so much. I’d become pretty knowledgable about the first part of the EHCP process and appeal and now I have a whole lot more to learn. I’m expecting them to miss the first 2 weeks deadline because of the bank holidays and annual leave. I will look at IPSEA and SOSSEN websites.

I’m so desperately hoping that my DD gets the help she needs.

thanks again!

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JustKeepBuilding · 20/12/2022 08:30

If the LA breach the timescales email the LA’s Director of Children’s Services reminding them of their duties and informing them if it continues you will be forced to begin judicial review proceedings. If the threat doesn’t work contact SOSSEN for help with a pre-action letter.

Bubl · 20/12/2022 19:44

Thank you very much. That’s hugely helpful. Lots for me to look into and get to grips with. Thanks again for your help.

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Ilovechoc12 · 21/12/2022 07:23

Start saving cash 😂 - if you want to fight the LA..... plus cash if you want to get private reports too (you don't need to)

You can do it all by yourself if you have the mental energy to - if you want to pay for an advocate they are expensive .....

Depends how much support your child needs and how much mental energy you have ..... hopefully yours will be a simple straight forward case

Good luck - hope your in one of the better LAs !

Never be shocked how late / incompetent LA are ....

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