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The SENDCoP 2015 (and more importantly the CaFA 2014) states the criteria (not test) is that the LA must consider if a child or young person has, or may have an SEN and may require provision in accordance with an EHC P.
The writer stated ‘Legally we need to show that there ‘may’ be an additional need to get an assessment’. That is incorrect.
Additional needs can be perceived to be wave 1 or 2 provision, in which case that remains a school based provision. Provision that is additional and different may be wave 3 and therefore may be in accordance with an EHC P.
Further the writer stated ‘This is not legal and does not work in line with the code of practice!’. They did not offer any evidence to demonstrate a deviation from law, and omitted to point out all statutory decisions are the opinion of the LA until jurisdiction is handed to a Tribunal, therefore unless there is a clear departure in law, it is not illegal. It may be unpalatable or misguided but illegal?