EHCNA refusal to assess tribunal

[TankFlyBoss]

Have just requested mediation certificate to go to tribunal re refusal to assess. My daughter has ASD and is starting secondary in September. Does anyone know if either school are notified that the certificate is issued?

Also interested to hear others experiences of tribunal at this stage. I'm guessing it is likely we will win this one but may then get a refusal to issue if the LA go into it with the decision having been made that an assessment wasn't necessary.

Ive just gone through this with my DS who is starting primary school in September, after the LA refused to assess. I sent the mediation form along with additional evaluation and the 35a form to the tribunal team. We were then given a tribunal court date for March 2025!! The EHCP application was made in November 2023.

After receiving our appeal the LA had 30 days to respond, and after looking at the additional evidence- it was an SLT report from the NHS they decided to asses. Any correspondence from the LA, mediation I forward on to DS’ nursery and primary school as they were not notified.

Good luck with your tribunal, it seems like many LA’s are refusing applications at the moment. Good news is the tribunals are prioritising children who are in the transition phase of school.

Neither school will be notified a mediation certificate has been issued.

LAs don’t always refuse to issue following a refusal to assess.

If it's any help, our refusal to assess appeal was just registered with Sendist, with a date for the "on the papers" appeal for the month of November (we submitted paperwork at the start of the month). My DS starts primary school in September so, like your DD, at a phase transfer point.