Refusal to assess appeal - LA conceded

[TankFlyBoss]

I submitted a SENDIST appeal against refusal to assess for my ASD daughter. She is about to start year 7. The LA have responded to the appeal to say they do not oppose and will start an EHC needs assessment.

My question is is there any information around how often a LA refuses to issue an EHCP in these circumstances? Effectively I have pushed them to assess so will they have the mindset that they don't feel an EHCP is necessary?

Also does it change the timescales of the needs assessment at all? The deadline for evidence is 1st October which seems soon.

Any information advice or experiences gratefully received!

Just because the LA refused to assess goes mean they will definitely refuse to issue. I’m not aware of any statistics specifically looking at refusing to issue following conceding refusing to assess. You can search for more general statistics here.

If the LA is not going to issue, they have 10 weeks to inform you. If they are going to issue, they have 14 weeks to finalise.

Make sure you request the LA seeks advice and information from anyone whose input is needed, e.g. SALT, OT, physio, psychiatrist.

@EndlessLight

Thank you for this. I wasn't aware of that data site and have had a good look which is really interesting, thank you for taking the time to reply.

Apologies, I made a mess of my post. The first sentence should say ‘does not mean…’ I don’t know where ‘goes’ came from.

I find the statistics interesting. Although some are to be taken with a pinch of salt since LAs have ways of manipulating them.

My LA refused to assess DS. I submitted a tribunal claim and the LA conceded the morning before the first evidence deadline. The EP goes to visit him and the report looks good and everyone thinks and EHCP will be issued. The LA sign a Safety Valve agreement with the DfE and promise to cut the number of EHCPs. The LA then refused to issue. My tribunal date is July 2025. Just to show how bonkers the whole situation is the LA has selected my DS as one of only 100 children starting school school to received additional transition support and funding. However, the LA have refused to issue stating that he doesn’t require any extra support/funding beyond what a standard mainstream can provide.