Refusal to assess — grounds (excerpt)
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.