As parents (or a young person) you may Request a Re-assessment if you believe that:
- the needs of your child or young person have changed since the last EHCP was issued or
- a different kind of help or more help, is needed or
- your child or young person should attend a different kind of school or college.
A re-assessment will be an opportunity to gather new evidence to work out what support your child or young person now needs. When you write to the local authority (LA) asking for a re-assessment of your child or young person’s education, health and care needs, explain why you think the current EHC plan is not good enough.
The LA do not have to reassess if they have carried out an assessment within the previous six months or if they consider that a further assessment is not necessary but they will write to you to highlight this. The discussion whether to reassess will be taken to a Governance Board that meet on a weekly basis.
Please note that if you already have the evidence of the changes needed it may be more effective to request that the EHCP is amended after a review. This could be after an annual review or you could request an early review.
- See our Information Sheet on Annual Reviews.
Can I (or should I) speak to the School first (or college or Early Years provision?)
Yes of course. You can ask to meet with the SENCo / Inclusion Officer, the relevant class teacher / subject teacher and the head teacher. Highlight your worries and concerns. They may be able to provide evidence to support your request.
What if the school or college offers to write on my behalf?
Anyone acting on behalf of a school (or college or Early Years provision) is able to write and ask the LA to carry out a re-assessment. You are also able to do this yourself. However, if the school (or college or Early Years provision) is willing, you could ask them to write a letter to send in with your request for a re-assessment.
When should I hear back?
The LA should respond within 15 days of receiving your request.
Remember to keep a copy of any letter, email or evidence you send. Also ask for confirmation that the letter or email has arrived.
What do I do if the LA don’t respond?
If you don’t get a reply within 15 days you should raise a complaint. The LA will also be frustrating your right to appeal – see below.
Right to Appeal
Unlike where a LA refuses to carry out an early review, there is a right of appeal if the LA refuses to carry out a re-assessment. The LA must send notice of this right of appeal when it notifies you of a refusal to re-assess.
The procedure for appealing against this is the same as appealing against a refusal to carry out an EHC needs assessment.
What happens if the LA says they will carry out a re-assessment?
If the LA agrees to re-assess then they must carry out a full EHC needs assessment, including obtaining all the information and advice required.
Following the re-assessment, if the LA decide to amend the EHC plan, you must be sent a draft EHC plan and given at least 15 days to request changes about the contents and to request that a particular school or college is named.
The LA must then send a finalised EHC plan within 14 weeks of the date on which it agreed to re-assess.
If the LA carries out a re-assessment but decides not to amend the EHCP, they must still notify you of this and send you the final EHC plan within 14 weeks of the date on which it agreed to re-assess.
If you disagree with the contents of the final EHCP (either because it has not been amended or because you disagree with the amendments made) or you disagree with the school or provision named in Section I you can appeal to the First-tier Tribunal.