Case overview

A parent appealed to the SEND Tribunal after their local authority (LA) refused to carry out a statutory assessment (now known as an education, health and care (EHC) needs assessment).

The SEND Tribunal agreed with the LA that the child’s special educational needs (SEN) were already well understood and well provided for, and there was no additional information about their  SEN which would be gained by carrying out an assessment.

The parent appealed the SEND Tribunal’s decision to the Upper Tribunal. The Upper Tribunal agreed that an assessment was not required and the parent’s appeal was dismissed.

What does this mean?

This case confirms it can be lawful for an LA not to assess where the child or young person has access to the special educational provision they require (even if the amount of provision exceeds that which can generally be made by schools). Significantly (and unusually), the funding arrangements made by the LA meant the child would not need a Statement to access the support he required, because the provision (and the funding for it) had been guaranteed by the LA for the entire academic year.

However, the judge also accepted that it might be necessary for there to be an assessment in order to “open the door to the issue of a Statement and with it the enforceability of rights”. This could be relevant in a case where a school could do more to support a child, but is  unable or unwilling to do so, because that might mean an EHC plan is necessary (as a legal, enforceable document) to make sure the child or young person can access that support.

Whilst Statements have been replaced with EHC plans since this case, the principle remains the same, meaning this case is still relevant.

The full case report for MC v Somerset County Council (SEN) [2015] UKUT 0461 (AAC) can be viewed online.

For more information you can see our pages  on what your school should do to help and EHC needs assessments.