Letter: reconsideration after refusal

Send this when the Local Authority has said no to an EHC needs assessment and you want to challenge it, or you are deciding whether to appeal. It asks the Local Authority to look again and sets out your reasons.

Read this part carefully. Writing to the Local Authority does not pause your appeal clock. If you want to appeal a refusal to assess to the SEND Tribunal, you must first contact a mediation adviser within 2 months of the date on the Local Authority’s decision letter. You do not have to go through with mediation, but you need the mediation certificate before you can appeal. The appeal must be made within 2 months of the decision, or within 1 month of the mediation certificate, whichever is later. So send this reconsideration letter quickly and watch the appeal deadline at the same time. Confirm your exact dates with IPSEA or SENDIASS. This applies in England. This is information, not legal advice.

Here is the template.

To: [LA SEN TEAM EMAIL]. Date: [DATE]. Dear [NAME OR “SEN Team”].

Request to reconsider your refusal to carry out an EHC needs assessment. Child’s name: [CHILD’S FULL NAME]. Date of birth: [DD/MM/YYYY]. Your reference: [REFERENCE NUMBER]. Date of your decision: [DATE ON THE REFUSAL LETTER].

Thank you for your letter dated [DATE], in which you declined to carry out an EHC needs assessment for [CHILD’S NAME]. I am asking you to reconsider. I do not believe the decision reflects [CHILD’S NAME]’s needs or the support [he / she / they] actually require.

The legal test for an assessment is whether the child may have special educational needs and may need special educational provision through an EHC plan. I believe [CHILD’S NAME] meets this test because: [REASON 1, e.g. progress has not improved despite SEN support for X months]; [REASON 2, e.g. needs span more than one area]; [REASON 3, e.g. new evidence not considered in your decision].

I am also concerned that your decision did not take account of: [POINT 1, e.g. the views of the school SENCO]; [POINT 2, e.g. a recent professional report dated DATE]. I attach the following further evidence: [LIST NEW OR ADDITIONAL EVIDENCE].

Please review your decision in light of this and reply within [14] days. I am aware of my right to appeal to the SEND Tribunal and I am keeping that option open while you reconsider. Yours faithfully, [YOUR FULL NAME], parent of [CHILD’S NAME].