Response to Refusal to Assess
Use this letter if the Local Authority has refused to carry out an EHC needs assessment. You have a statutory right to challenge this decision.
What this letter is for
- Use it after the LA has told you it will not carry out an EHC needs assessment.
- It asks the LA to think again and explains why you disagree, so keep the LA's refusal letter to hand.
- Asking the LA to reconsider does not stop you appealing to the Tribunal, but appeal time limits still run, so keep an eye on the date of the decision.
- Free help is available from IPSEA, SOS!SEN and your local SENDIASS.
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This template references: Children and Families Act 2014, Section 36(3), Children and Families Act 2014, Section 36(8), Children and Families Act 2014, Section 51(2)(a), Children and Families Act 2014, Section 55 (s.55), SEND Code of Practice 2015, Chapter 9.16-9.19. Always check that legislation is current before relying on it.
Independent template. See IPSEA's authoritative Template letter 2: Asking the LA to reconsider a refusal to assess for comparison. Always check that legislation is current before relying on it.