My local authority said they have four weeks to confirm an assessment (not start it). Is this correct?

[ChickaliciousBoomBastic]

EHCNA refusal appeal was submitted to sendist with a local authority response due last week. The local authority did not respond and agreed to assess, they contacted sendist to say they will not oppose. Sendist told the local authority to make sure they follow time frames.

I asked my local authority for the day that they will complete the assessment by and it is 4 weeks over the date I calculated. I queried this and they said they have 4 weeks from their decision to assess to tell me that they will do the assessment. They will send me a letter in 4 weeks and the assessment period will start from then. The date they expect to finalise an EHCP is within the time frame, but the assessment time frame is not.

I don’t understand this at all. Why would they need to wait a month to tell me they will assess when they have already told me via sendist?

When LAs concede before submitting a response the timescales in Reg 45 SEND Regs 2014 apply. Reg 45(3) states “Where the appeal concerned a request for a local authority to make an assessment under section 36 or a review or reassessment under section 44, the local authority shall carry out that assessment, review or reassessment within 4 weeks of the local authority’s notification to the First-tier Tribunal.” Unless one of exceptions applies.

They should notify you within 2 weeks of notifying SENDIST, and if they aren’t going to issue inform you within 10 weeks and if they are going to issue finalise within 14 weeks.