LA Does Not Agree to Assess | Shropshire Sendiass

The LA Do Not Agree to Assess

What does this mean?

If the local authority (LA) has said they will not carry out an EHC needs assessment, it means they believe your child does not meet the legal threshold for assessment — at least for now.

This can feel frustrating and even personal, especially if you're watching your child struggle. But it's important to know:

The legal test for assessing a child is very low — and many refusals are successfully appealed.

Use our 'Do I Have Grounds to Appeal' Checklist

A written decision within 6 weeks of the request being made.

A clear explanation of why they are refusing to assess.

Information about your right to appeal the decision.

Details about local disagreement resolution and mediation services.

What to expect from the LA

Working with the School

If an EHC Needs Assessment is Refused: Understanding SEN Support in School

It’s important to know that all mainstream schools still have a legal duty to identify and support children with special educational needs (SEN) — even without an EHC plan.

This type of in-school support is called SEN Support, and it should already be in place (or be developed) if your child is struggling to make expected progress.

What does SEN Support involve?

SEN Support is a way for schools to put personalised help in place for your child. It follows guidance in the government’s SEND Code of Practice and focuses on identifying needs early and taking action.

Schools are expected to support children with a wide range of needs, including:

Communication and interaction (e.g. speech, language or social communication difficulties)
Cognition and learning (e.g. difficulties with reading, writing, memory, or learning new skills)
Social, emotional and mental health (e.g. anxiety, low mood, behaviour struggles)
Sensory and/or physical needs (e.g. vision or hearing impairments, physical conditions)

Your child may have needs in more than one of these areas.

What should the school be doing?

Schools should follow a process known as the “Assess, Plan, Do, Review” cycle. Here’s what that looks like:

Assess – Teachers and the SENCO should look carefully at your child’s progress and behaviour to understand their needs.
Plan – If SEN Support is needed, you must be informed. The school should agree on what support will be put in place, what progress is expected, and how staff will help.
Do – The support is delivered by the class teacher, with help from teaching assistants or specialists if needed. The SENCO oversees this work.
Review – The school should regularly review how things are going, involving you and your child. These reviews should ideally take place at least once a term.

If your child is still not making expected progress after this support, the school (or you) can make a new request for an EHC needs assessment — especially if the level of need appears more significant than previously understood.

You are not alone

A refusal to assess doesn’t mean your concerns aren't valid. It may mean more evidence is needed to show what support has already been tried and how your child has responded. Keep working with the school and documenting your child’s needs.

Mainstream and maintained Schools are legally obligated to do everything reasonably possible to meet the special educational needs (SEN) of their pupils. This is called the best endeavours duty

Download a template letter to Request a SEN Support Plan

with thanks to Leeds SENDIASS

Questions to Ask at the Touchpoint Meeeting

Use these questions to help understand the decision and discuss next steps:

What evidence did the LA consider in making this decision?
Did they review support already in place via the graduated approach?
Have they consulted with professionals involved with my child?
What SEN Support is expected to be in place at school?
If no assessment now, what needs to happen next, and how will progress be reviewed?
What support is available while we consider next steps?

Download our crib sheet:

“Questions to Ask When the LA Says No to an EHC Assessment” (PDF)

Your Legal Rights

You have a right of appeal to the SEND Tribunal.

You do not need new evidence to appeal — the law focuses on whether your child may have SEND and may need support via an EHCP.

IPSEA have created a refusal to assess pack, this is a detailed guide to preparing for and carrying out a refusal to assess appeal. You can access it here

Further information about appealing to the SEND Tribunal can be found on IPSEA here

Good to know:

The SEND Code of Practice (9.14–9.16) says the LA must consider all available evidence — including information from parents and school — and must apply the legal test fairly and reasonably.