EHCP appeal letter examples (SEND35A grounds)

The local authority refused to secure an EHC needs assessment. Under section 36(8) of the Children and Families Act 2014, an assessment is required where the authority is of the opinion that the child has or may have SEN and that it may be necessary for special educational provision to be made in accordance with an EHC plan. The decision appears to apply a higher threshold than that statutory test allows. This pack asks the Tribunal to consider ordering the local authority to secure an EHC needs assessment.

Following assessment, the local authority refused to issue an EHC plan. Under section 37(1) of the Children and Families Act 2014, where in the light of the assessment it is necessary for special educational provision to be made in accordance with an EHC plan, the LA must prepare and maintain a plan. SEN Support alone does not adequately meet the needs identified.

Section B does not accurately describe needs set out in the professional advice. Section F uses wording such as “as required”, which makes provision difficult to monitor or enforce. I am appealing so that needs and provision are specified clearly enough to secure the support required.