Appealing a refusal to assess or issue an EHCP – what you need to know

The first step to obtaining an Education and Health Care (EHC) plan is to request an EHC needs assessment. Once a formal request has been made, the Local Authority (LA) must decide whether to conduct an assessment and must notify parents or a young person of its decision within 6 weeks. If it decides not to conduct an assessment, it must give the reasons for its decision and notify parents or the young person of their right to appeal this decision to the SEND Tribunal.

Following an EHC needs assessment, the LA must decide whether it will issue an EHC plan for the child or young person based on the evidence it has gathered. If the LA decides not to issue an EHC plan, it must notify the parents or a young person as soon as practicable and at the latest within 16 weeks of the date the request for assessment was made. It must give the reasons for its decision and notify the parents or young person of their right to appeal this decision to the SEND Tribunal.

The webinar answers common questions, including how do you prepare for such appeals, how do you prove an assessment should take place or that a plan should be issued, how to submit an appeal and evidence for the appeal . Our expert SEND law solicitors will also answer any questions you have in a Q&A session at the end of the webinar. Useful for schools and parents alike.