No, you can still ask and your LA must still consider your request.

If your LA has carried out an EHC needs assessment within the last 6 months, you can still make a new request for an EHC needs assessment (as can school or college instead).

When a new request for an EHC needs assessment is made within 6 months of an EHC needs assessment being carried out, the LA does not have to do what section 36(7) of the Children and Families Act (CFA) 2014 says. This means your LA will not need to write to give you a right to express views or submit evidence to the LA.

However the LA will still have to consider whether it may be necessary for special educational provision to be made for your child in accordance with an EHC plan and in considering this, your LA will need to consult with you (the law says this in section 36(3) and 36(4) CFA 2014).  

If, after consulting with you, your LA considers that it is not necessary for special educational provision to be made via an EHC plan, it must tell you that it has decided not to secure an EHC needs assessment and why. This decision letter must also contain your right to appeal this decision.

The law says that a parent or young person may appeal to the SEND Tribunal whenever an LA has decided not to secure an EHC needs assessment, including in this situation. You will also have the right to mediation.

During an appeal, you will be able to submit your views, the views of your child and all the evidence you have, and this may help you successfully show that the legal test for when an EHC needs assessment must be carried out is met. You will also be able to express your views and submit evidence in advance of mediation if you choose to mediate, and again this may be helpful in showing your LA that the legal test has been met and the LA should change its mind as a result. You can find lots of information on appealing this decision in the SEND Tribunal and on mediation on our website.