Needs assessment

[superplumb]

After initially refusing to do the needs assessment in June 24, I appealed and they agreed to do it ( August) they tell me I have at least a 6 month wait for an EP to come to my sons school to do it.
Apparently they have broken the law as they are beyond 20 weeks. I've emailed sendias for advice but what else do I need to do please?

Send the relevant IPSEA model letter.

When in August did the LA concede? The LA has to either inform you they aren’t going to issue within 10 weeks or issue the finalised EHCP within 14 weeks of the Notice date/date of the Order (depending on whether the LA conceded before submitting a response to the appeal or not). So they may not yet be in breach of the statutory timescales following the conclusion of the appeal, but they are at risk of breaching them and are not conducting the NA as it should be conducted, so still amend and send IPSEA’s model letter.

If that doesn’t work, you will need a pre-action letter. SOSSEN can help with this free of charge, but there is a wait, so you might want to look elsewhere. If a pre-action letter doesn’t work, you will need to pursue JR proceedings.

Be careful with SENDIASS. Some are good, but far too many repeat the LA’s unlawful policies. IPSEA and SOSSEN are better sources of information.

I've had a look but I can't find any templates.
They've agreed to do the needs assessment but I've been told ive got at least a 6 month wait...I was told mid August ( i think) that they would agree to do it. Totally confused some say they jave to come out and do it within 20 weeks..
They will go way beyond that. Can't see any templates or how to complain

Because this is following a refusal to assess appeal, the 20 weeks timescale doesn’t apply. The LA has to either inform you they aren’t going to issue within 10 weeks or issue the finalised EHCP within 14 weeks of the Notice date/date of the Order (depending on whether the LA conceded before submitting a response to the appeal or not). So, if it was mid August, the LA is in breach and you should send this letter.

The normal timescales of the complaints process mean that isn’t a suitable remedy in this case. If the IPSEA letter doesn’t work, you need a pre-action letter. SOSSEN can help with this. There is a wait, so you may want to look elsewhere. If the pre-action letter fails, judicial review proceedings themselves will resolve the situation.