CLICK TO DOWNLOAD: Asking an education setting for information on special educational needs and provision to assist with an appeal about the LA’s refusal to carry out an EHC needs assessment (template letter 19a)

CLICK TO DOWNLOAD: Asking an education setting for information on special educational needs and provision to assist with an appeal about the LA’s refusal to issue an EHC plan (template letter 19b)

This template letter is for general advice purposes and will need to be tailored to your own individual circumstances. 

When should I use this letter?

You can use this letter to ask a nursery, school or college for information on:

• how many pupils it has with special educational needs (SEN) and education, health and care (EHC) plans and about the special educational provision available to them
• your child or young person’s SEN
• the special educational provision your child or young person requires, and
• whether the setting feels able to provide all of this using its own resources

This information will help show what cannot be provided without an EHC plan.

Template letter 19a is likely to be helpful if you have been refused an EHC needs assessment.

Template letter 19b is likely to be helpful if you have had an EHC needs assessment and your local authority (LA) has decided that an EHC plan is not necessary. This template advises you to list all of the special educational provision the professionals involved in the EHC needs assessment have said your child or young person requires. When doing this, it is important to include any health or social care provision which will educate or train them, because this provision is considered special educational provision.

It can be helpful (but is not essential) if the setting agrees that your child or young person requires an EHC needs assessment, or EHC plan. If this is the case, you should ask the setting to make this clear in their response, with reasons.

We recommend that you also look at our information on appealing to the SEND Tribunal, and if relevant our refusal to assess pack or refusal to issue pack which include detailed guidance on preparing for and carrying out such appeals. 

Who should I write to?

The letter should be addressed to the head teacher or principal of the nursery, school or college. 

When does the setting need to reply?

There is no set deadline for the nursery, school or college to reply.

If the setting delays in replying, do not miss your deadline for appealing. You must send the appeal form to the SEND Tribunal within two months of the date on the LA’s decision letter, or one month from the date on your mediation certificate, whichever is the later.

If the setting has failed to reply, or refused to provide this information, you can request that the SEND Tribunal makes an order for this information to be provided.

Remember to keep a copy of any letter you send. If you need further advice, you can book a tribunal helpline appointment with IPSEA.