Rulebook · Local authority letter

Decision not to carry out an EHC needs assessment

This letter says the council will not carry out an EHC needs assessment. The law says it must give the reasons. It must also tell you about your right to appeal, the time limit, mediation, help to resolve disagreements, and where to get information and advice.

Plenda checks 22 things in a letter like this: 12 are required by the Act or Regulations; 2 are Code of Practice "should"; 8 are good practice. The council must tell the parent or young person its decision as soon as practicable, and within 6 weeks of receiving the request or becoming responsible for the child or young person (reg 5(1)). Reg 5(4) lists exceptions that can lift that reg 5(1) limit for a decision either way. But if the council refuses because it decides a plan is not necessary, reg 4(1) separately requires the notice within 6 weeks and lists no exceptions. Reg 5(4) refers only to the reg 5(1) limit, so on the wording a refusal notice is still due within 6 weeks. No reported decision has dealt with this, so whether a court would read an exception into reg 4(1) is not settled. Unlike some other decision letters, this one does not have to mention the Tribunal's power to make health and social care recommendations, because that power does not apply to appeals against a refusal to assess. Plenda does not say what effect a gap in a letter has on the decision. A gap can still matter: it can be raised with the council or in a complaint and, where the decision can be appealed, it may be relevant to a late appeal, because the Tribunal decides whether to accept one. This check compares the text supplied with what the law requires in a letter like this, and with good practice. It does not judge whether the decision itself is right.

What a letter like this includes

• The decision: the council will not carry out an EHC needs assessmentLaw (Act or Regulations)
• The reasons for the decisionLaw (Act or Regulations)
• Whether the reasons refer to the legal test for an assessment (section 36(8) of the Children and Families Act 2014)Good practice. Not required
• The right to appeal to the SEND Tribunal (the First-tier Tribunal, Special Educational Needs and Disability)Law (Act or Regulations)
• The time limit for appealing (2 months from the date the decision was sent, or 1 month from the mediation certificate if that is later)Law (Act or Regulations)
• The right to mediationLaw (Act or Regulations)
• That before most appeals the parent or young person must contact a mediation adviser and get a certificate (not needed for an appeal only about the school or college named)Law (Act or Regulations)
• How to contact the mediation adviser (a phone number, email or website)Law (Act or Regulations)
• The time limits for asking for mediationLaw (Act or Regulations)
• That a parent or young person who wishes to pursue mediation must tell the council so, and what the issues for mediation are (and, where an issue is health care provision missing from the plan, the health care provision wanted)Law (Act or Regulations)
• Contact details for the person acting for the council whom the parent or young person contacts to pursue mediationLaw (Act or Regulations)
• That going to mediation is a choice: only contacting the mediation adviser is needed before most appealsGood practice. Not required
• That going to mediation does not affect the right to appealCode of Practice: should (follow unless there is a good reason not to). Not required
• That disagreement resolution services are availableLaw (Act or Regulations)
• That information and advice about special educational needs is available (for example from the local SENDIASS)Law (Act or Regulations)
• The date of the letterGood practice. Not required
• What evidence and views the council consideredGood practice. Not required
• Feedback from the information gathered while the request was considered, including evidence from professionals, which the family and school may find usefulCode of Practice: should (follow unless there is a good reason not to). Not required
• Who else has been told of the decision (the law requires the council to tell the school or setting, health services and social care it notified earlier)Good practice. Not required
• A named person at the council to contact, with a phone number or emailGood practice. Not required
• The date the request was received (the 6 weeks count from it)Good practice. Not required
• For a young person aged over 18: whether the young person needs more time to complete education or trainingGood practice. Not required

Type of rule

Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.

Rule id

notice.decision_not_to_assess

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 36(5)Law (Act or Regulations)
• SEND Regulations 2014, reg 4(1)Law (Act or Regulations)
• SEND Regulations 2014, reg 5(1)Law (Act or Regulations)
• SEND Regulations 2014, reg 5(3)Law (Act or Regulations)
• SEND Regulations 2014, reg 32Law (Act or Regulations)
• SEND Regulations 2014, reg 5(4)Law (Act or Regulations)
• SEND (First-tier Tribunal Recommendations Power) Regulations 2017Law (Act or Regulations)

Related

• The council refused to carry out an EHC needs assessment
• Council decides whether to assess
• Last day to contact a mediation adviser (needed before most appeals)
• Last day to appeal to the SEND Tribunal

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