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SEN

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

What can I do if SEN reassessment request is ignored?

6 replies

SnarkModeActivated · Yesterday 16:47

I can’t find much advice about this as it’s a reassessment of needs not ehcp request.

It’s been 25 days since I asked the council to reassess my DS 7 years old needs. I’ve tried to contact them four times to ask them for a letter and they don’t reply.
What can I do now?

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scoopofmintchocchipicecream · Yesterday 17:10

If you formally requested a reassessment of needs, the LA must respond within 15 days. See Regulation 25(1) of The Special Educational Needs and Disability Regulations 2014. If they haven’t done this and chasing the LA, including the Director of Children’s Services, hasn’t worked, you can look to send a pre-action letter. Then, if the LA refuse to reassess, you can then appeal.

Personally, rather than a reassessment of needs, I would just appeal the content of the EHCP when you next have to right of appeal and seek independent assessments during the process. Did the LA refuse an early review?

SnarkModeActivated · Yesterday 17:25

I saw sosen do pre action letters for a charge I will ask them about this as they just keep ignoring me.

I was told no to an annual review as we have not long had the last one but I am also out of time to appeal the plan from that review but also he needs a full re assessment as he has new high needs too. Thanks.

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scoopofmintchocchipicecream · Yesterday 17:31

Even if you are no longer in the appeal window following the last AR, a late appeal may still be possible. You could try seeing if SENDIST will grant leave to appeal out of time. Then seek independent assessments.

The problem with a reassessment of needs is even if the LA agree to undertake a reassessment of needs, you may then still need to appeal the content of the EHCP and seek independent assessments but having wasted time.

SnarkModeActivated · Yesterday 17:37

I didn’t know I can ask for a late appeal. I also read that if the council don’t respond to a reassessment request that this is treated as a refusal and I can appeal. Is this true?

I need to think about the best way to do things. I know each option will take a long time as tribunals take so long.

OP posts:
scoopofmintchocchipicecream · Yesterday 17:48

While SENDIST will sometimes register an appeal without the decision letter, they won’t always. They will sometimes insist on a decision letter.

SnarkModeActivated · Yesterday 17:53

Ok thanks for your help I will decide what is best to do. Thanks.

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