EHCplan refusal to assess

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Just had the Refusal to Assess letter. I understood the law says they have to assess, as DS has special needs. Going to mediation and determined to carry on

SENDIST are working on 12 weeks at the moment but they are doing all refuse to assess as paper hearings unless people specifically want a hearing.

I shared a talk about appeals the other day I will bump it

Are you allowed to re-apply immediately now then? When I did it (for a statement) you had to wait 6 months before re-applying.

I dont know zzzzz only that you could go round and round in circles with applying and refusing where as the 86% of people who win their appeals would know it was sorted.

I am not sure about the rules for re applying I think you can reapply straight away for refuse to assess now.

Yes, we were basically being fobbed off by the LA, we just wanted to be refused (or successful, actually) so we could continue with the application by it just felt that we were being forced into a holding pattern continually applying for a request to assess.

Don't reapply, the LA can back down at any point in the appeals process if they want to. If you reapply you need to wait until you get an answer before you can then appeal and if the LA employ more delay tactics you'll be doing this ad nauseum. It may well be that the LA will look at the application more seriously if you appeal and then conceed and agree to assess without a hearing being needed.