Response to Refusal to Assess

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{director_name}
{la_address}

{date}

Dear {director_name},

Re: {child_name} — Response to refusal to carry out an EHC needs assessment

Thank you for your letter dated {decision_date} in which {la_name}
declined to carry out an EHC needs assessment for {child_name}. I
disagree with that decision for the reasons set out below, and I am
writing to ask the Local Authority to reconsider before I register an
appeal.

Why I disagree
--------------
{reasons_for_disagreement}

The legal test the LA must apply
--------------------------------
Under s.36(8) of the Children and Families Act 2014 the Local Authority
must secure an EHC needs assessment if it is of the opinion that the
child has or may have special educational needs AND it may be necessary
for special educational provision to be made through an EHC plan. This
two-part s.36(8) test is the only test the LA may apply. Both limbs are
"may be" thresholds, not "is".

I believe both limbs are met because:

{why_conditions_met}

So that I can understand the LA's reasoning (and prepare for tribunal
if necessary), please send me, with your reconsideration response:

  - the evidence the LA actually considered when applying the s.36(8)
    test; and
  - a clear statement of the test the LA in fact applied to reach the
    refusal decision.

Mediation and appeal route
--------------------------
I am aware that under s.51(2)(a) of the Children and Families Act 2014
I have a right of appeal to the First-tier Tribunal (SEND). The
deadline is 2 months from the date of the refusal letter, or 1 month
from the date of a mediation certificate, whichever is later.

Under s.55 of the Children and Families Act 2014, before registering
an appeal I must first contact a mediation adviser and obtain a
mediation certificate. Mediation itself is optional, but obtaining the
certificate is not.

I would be grateful for a substantive response within 15 working days.
If I do not receive one I will proceed with mediation and an appeal to
the First-tier Tribunal (SEND).

Yours faithfully,

{parent_name}
{address}