01
My LA have refused to assess, they want to see how my child is getting on at School first.
A LA cannot legally refuse to carry out an EHC Needs assessment because they want to “wait and see how the child gets on”. The legal test is not about if your child is making progress or whether they have had all possible support in School.
02
The legal timeframe for a decision on your request for EHCNA.
The LA has 6 weeks to decide if they are going to carry out an assessment.
If the LA is delaying a decision beyond twists this is unlawful. If they do not respond by the legal deadline, you can challenge this as a failure to comply with statutory duty.
03
Your child is making progress, so they don’t need an assessment.
The test is not about progress - it is about whether educational provision may be necessary through an EHCP. School’s cannot sustain significant support without an EHCP.
04
We can only assess if School applies, not parents.
NO. Parents can apply for an assessment, LA’s must consider any request, in fact, Schools encourage parents to make a request some even saying that a parents request will carry more weight. This is not the case and the Legal test is the same regardless of who asks.
05
We don’t assess children this young.
There is no minimum age. An EHCNA can be requested for a child under 5, even before compulsory School age.
06
The School has to use all its SEN budget first.
WRONG! The law doesn’t say Schools must spend a certain amount or wait until funding is used before requesting an EHCNA.
07
Your child doesn’t have a diagnosis yet, so we can’t assess.
A diagnosis is not a legal requirement. The duty arises if the child may have SEN - even if no formal diagnosis has been given.
08
Your child doesn’t meet the criteria/thresholds for an assessment.
There is no set “criteria” in law beyond the simple two-part test: MAY have SEN or/and MAY need provision through an EHCP.
09
Your child isn’t far enough behind national expectations.
Academic attainment is only one aspect of SEN. Social, Emotional, Sensory, Physical & Communication needs all count too.
10
We can’t assess until your child has had an EP report.
False. The LA is responsible for commissioning EP advice after agreeing to assess. Parents DO NOT need to provide one first.
11
Therapies like SALT or OT are health, so they do not belong in section F.
WRONG! Case law is clear: if a therapy educates or learns a child, it MUST be in section F & be enforceable.
12
Specificity.
Provision should be “detailed” & “quantified”, what do we mean by this:
‘30 minutes of direct 1:1 SALT weekly, plus 15 minutes indirect support daily”. Vague wording like “access to SALT’ is unlawful.