Requesting an assessment
Any parent, young person (aged 16 to 25), school, or other educational institution can request an EHC needs assessment from the local authority. The request should be made in writing and should set out why the child or young person may have special educational needs that cannot be met through the support available without an EHCP.
The local authority must decide within six weeks of receiving the request whether to carry out an assessment. If it decides to assess, it must complete the assessment and decide whether to issue an EHCP within a further 16 weeks.
Refusal to assess
If the local authority refuses to carry out an EHC needs assessment, it must set out the reasons for the refusal in writing. The parent or young person then has the right to appeal to the SEND Tribunal against the decision.
Before lodging an appeal, the parent or young person must consider mediation. A mediation certificate is required before an appeal can be submitted to the Tribunal, whether or not mediation is actually undertaken.
Evidence
The strength of an application for an EHC needs assessment depends heavily on the evidence provided. Useful evidence includes reports from educational psychologists, speech and language therapists, occupational therapists, paediatricians, and other professionals involved in the child's care. School reports, attendance records, and the child's own views are also relevant.
I can advise on what evidence is likely to be required and assist in preparing a compelling case for assessment.