Research
When a local authority refuses to assess: the law and the evidence
Parents, carers, schools and young people have the right to ask a local authority to carry out an EHC needs assessment. A refusal must be based on the evidence, not on a school saying a child is fine or a lack of diagnosis. This article explains the legal test and the appeal options.
Source: Children and Families Act 2014 · SEND Code of Practice
Who can request an assessment
Parents, carers, young people aged 16 to 25, and schools can all request an EHC needs assessment. No diagnosis, professional referral or prior intervention is required. The request must be considered, and the local authority must give a decision within 6 weeks.
The legal test for an assessment
A local authority must carry out an EHC needs assessment if it considers that a child or young person may have special educational needs, and that it may be necessary for special educational provision to be made for them. This is a low threshold. It does not require proof that the child has an EHCP; it only requires that the child may have needs that may require provision.
Common but unlawful reasons for refusal
Local authorities sometimes refuse because the school says the child is coping, because the child has no diagnosis, because they are already receiving some support, or because they want to try more school-based intervention first. These reasons are not, by themselves, lawful grounds for refusal. The question is whether the child may have SEN and whether special educational provision may be needed.
Challenging a refusal
A refusal can be appealed to the SEND Tribunal within two months of the date of the decision letter. Families can also request mediation. Preparing a strong appeal means gathering evidence of the child or young person’s needs across education, health and care, and showing why school-based provision is not enough.
Citations
- Children and Families Act 2014
- SEND Code of Practice
- SEND Tribunal case law on refusal to assess
Use this in your case
If you need help applying the evidence to your situation, book a free 15-minute call.
Book a free 15-minute call