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How do I challenge a ‘refusal to assess’ decision?
Is the local authority refusing to carry out an EHC needs assessment?
In this episode of the SEND Talk podcast, your host Vic Elizabeth Turnbull and SENDIASS adviser Laura Nardella explain what a refusal to assess decision means and what steps you can take if you want to challenge it.
They cover why the decision letter is so important, how mediation works, and how the legal test for assessment is applied - breaking it down in plain English and using a practical example to show how it works in real life.
You’ll find out:
What a refusal to assess decision is and why the decision letter matters
What your rights are, including key timescales and appeal deadlines
How mediation works and when it’s required
What the legal test for assessment actually means
What evidence can help strengthen your case
What to expect if you decide to appeal to the SEND Tribunal
This episode is designed to help you understand the process clearly and feel more confident about your next steps.
Do you have a question you’d like answered in a future episode of SEND Talk?
Send your question and your name to: [email protected]
Talking points in this episode
[00:00] Introduction to the SEND Talk Podcast
[00:21] Overview of challenging a refusal to assess decision
[01:50] Understanding the refusal to assess decision letter
[03:13] Steps to take after receiving a refusal to assess decision
[05:22] The importance of mediation
[09:13] Preparing for mediation and tribunal
[11:21] Explaining the legal test for assessment
[14:44] Providing evidence for the legal test
[18:58] Example scenario and practical tips
[26:58] Final tips and resources
[30:11] Conclusion and contact information
RESOURCES & FURTHER INFORMATION
Tribunal guide 42 'Appeals - Refusal to Assess' - https://www.iasmanchester.org/tribunals
IPSEA ‘Refusal to Assess Appeals’ pack - https://www.ipsea.org.uk/refusal-to-assess-appeals
SEND 35a Form to use to appeal to the SEND Tribunal - https://www.gov.uk/government/publications/form-send35a-special-educational-needs-and-disability-tribunal-appeal-a-refusal-to-secure-an-ehc-needs-assessment
Video on how to complete the 35a form for Tribunals here (scroll down to see it) - https://www.iasmanchester.org/tribunals
SENDIASS Manchester
Visit the SENDIASS Manchester website for further information, support, factsheets and our contact details if you want to reach out.
Sendiassmanchester.org
View all episodes
By SENDIASS ManchesterIs the local authority refusing to carry out an EHC needs assessment?
In this episode of the SEND Talk podcast, your host Vic Elizabeth Turnbull and SENDIASS adviser Laura Nardella explain what a refusal to assess decision means and what steps you can take if you want to challenge it.
They cover why the decision letter is so important, how mediation works, and how the legal test for assessment is applied - breaking it down in plain English and using a practical example to show how it works in real life.
You’ll find out:
What a refusal to assess decision is and why the decision letter matters
What your rights are, including key timescales and appeal deadlines
How mediation works and when it’s required
What the legal test for assessment actually means
What evidence can help strengthen your case
What to expect if you decide to appeal to the SEND Tribunal
This episode is designed to help you understand the process clearly and feel more confident about your next steps.
Do you have a question you’d like answered in a future episode of SEND Talk?
Send your question and your name to: [email protected]
Talking points in this episode
[00:00] Introduction to the SEND Talk Podcast
[00:21] Overview of challenging a refusal to assess decision
[01:50] Understanding the refusal to assess decision letter
[03:13] Steps to take after receiving a refusal to assess decision
[05:22] The importance of mediation
[09:13] Preparing for mediation and tribunal
[11:21] Explaining the legal test for assessment
[14:44] Providing evidence for the legal test
[18:58] Example scenario and practical tips
[26:58] Final tips and resources
[30:11] Conclusion and contact information
RESOURCES & FURTHER INFORMATION
Tribunal guide 42 'Appeals - Refusal to Assess' - https://www.iasmanchester.org/tribunals
IPSEA ‘Refusal to Assess Appeals’ pack - https://www.ipsea.org.uk/refusal-to-assess-appeals
SEND 35a Form to use to appeal to the SEND Tribunal - https://www.gov.uk/government/publications/form-send35a-special-educational-needs-and-disability-tribunal-appeal-a-refusal-to-secure-an-ehc-needs-assessment
Video on how to complete the 35a form for Tribunals here (scroll down to see it) - https://www.iasmanchester.org/tribunals
SENDIASS Manchester
Visit the SENDIASS Manchester website for further information, support, factsheets and our contact details if you want to reach out.
Sendiassmanchester.org