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Educate - Support - Advocate
What happens if the local authority refuses an EHCP assessment?
If the local authority refuses to carry out an EHC needs assessment, parents have the right to challenge the decision. Before appealing to the SEND Tribunal, parents must consider mediation, although they do not have to proceed with mediation if they choose not to. If mediation is declined or unsuccessful, parents can appeal the decision to the SEND Tribunal.
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Read more about this subject and what Mediation entails here
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Do you need a lawyer for a SEND tribunal?
Parents are not required to have a lawyer to attend a SEND tribunal. Many families represent themselves successfully. However, some parents choose to seek advice or support from a SEND advocate or specialist adviser to help prepare their case and organise the evidence.
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Read more about choosing the right professional here
How long does the EHCP process take?
The full process from requesting an EHC needs assessment to receiving a final EHCP should normally take no more than 20 weeks, although delays can sometimes occur if professional advice is late.
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Find out more on what to do if the process has been delayed here
Can parents request an EHCP assessment themselves?
Yes. Parents and young people over the age of 16 have the legal right to request an EHC needs assessment directly from the local authority. Schools do not have to make the request on behalf of the family.
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Find out more with our DIY guide Here
What happens if the local authority refuses to issue an EHCP?
If the local authority decides not to issue an Education, Health and Care Plan after completing the assessment, parents can again request mediation and then appeal to the SEND Tribunal. The tribunal will consider the professional evidence and decide whether an EHCP should be issued.
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Read more about this by clicking here