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The Local Authority Will Not Issue an EHC Plan 

What's happening at this stage?

You've received a decision from the Local Authority (LA) that following an Education, Health and Care Needs Assessment (EHCNA), they will not issue an EHC Plan. This can feel disheartening — especially after what may have been a long and emotional process. Many families tell us they’re left feeling stuck, confused, or tempted to give up. 

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The decision letter from the local authority will explain your right to mediation and appeal. 

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Firstly, it’s important to fully understand why the local authority reached this decision. It’s always a good idea to continue talking to the local authority about your concerns, or any questions you have about the reasons they gave in reaching their decision. Further information will help you decide whether to appeal and, should you decide to, will be key when building your case. 

"Where, despite appropriate assessment and provision, the child or young person is not progressing, or not progressing sufficiently well, the local authority should consider what further provision may be needed. The local authority should take into account: 

 

  • whether the special educational provision required to meet the child or young person’s needs can reasonably be provided from within the resources normally available to mainstream early years providers, schools and post-16 institutions, or 

  • whether it may be necessary for the local authority to make special educational provision in accordance with an EHC plan"

The SEND Code of Practice, 2015 (9.55)

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What Should I Do Now?

  1. Read the decision letter carefully and request a copy of any reports.

  2. Ask for a Touch Point Meeting. This is your opportunity to meet with your EHCP Case Officer (and the setting, if possible) to understand the reasons behind the decision and discuss next steps. 

  3. Start gathering information. Understanding the LA’s reasoning — and reviewing your child’s needs and provision — will help you decide whether to appeal. 

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Find out what Shropshire schools are expected to provide in terms of SEN support and provision here

What Can I Expect From a Touch Point Meeting? 

The meeting gives you a chance to: 

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  • Clarify why the LA decided not to issue a plan 

  • Share your views and ask questions 

  • Explore what support will be provided in school without a plan 

  • Begin to build your case, if you’re considering appeal 

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You can bring a friend, relative, or advocate with you. It is a good idea to ask this person to take notes of everything that is discussed.

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Use our template of questions to help you get the most out of you meeting.

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Do I have Grounds to Appeal?

Yes- if you believe:

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  • Your child is not making sufficient progress, despite appropriate support 

  • The school/setting cannot reasonably provide the support needed without a plan 

  • The LA has not fully understood the complexity of your child’s needs 

 

The law says that a plan is needed where the support required goes beyond what a mainstream setting is expected to provide from its own resources. 

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Use our checklist to help you assess if you might have grounds to appeal.

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Considering an Appeal

Before you appeal, you must consider mediation — this can be especially helpful if: 

  • You have new evidence to share 

  • The LA has misunderstood your child’s needs 

  • You want to explore a compromise first 

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If you go on to appeal, you’ll need to complete a SEND35 form which you can download here

 

IPSEA has a useful resource pack to support you in making your appeal which can be found here

SENDIASS Can Help With:

  • Reviewing the LA’s decision with you 

  • Helping you prepare for the Touch Point Meeting 

  • Supporting you through mediation or an appeal 

  • Helping you check if the school support matches what’s needed 

  • Explaining your rights clearly and simply 

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If you’re unsure what to do next, contact us.

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