Reply To: EHCNA for EBSA

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#25535
LloydLloyd
Participant

    You have evidenced that universal provision is not working so additional provision is needed, and also that there are likely SEND needs or as you say in some cases there is the medical evidence. This is enough to trigger an EHCNa, if LAs are refusing to assess they will be referring there own policy which may not be in keeping with the law (The relevant law to be considered is found in Section 36(8) Children and Families Act 2014.)

    Here is a useful article for reference:
    https://senmagazine.co.uk/content/support-advice/law/15285/education-health-and-care-needs-assessments-always-look-to-the-law/

    You’ll need to support parents as they must be the ones to challenge any decision not to assess. Local SENIASS could support them with this.

    Hope this helps.