Requesting Further Assessments From The LA during EHCPNA

When the LA Claims “We Don’t Have a Duty to Seek Advice”. Here’s the Law They Don’t Want You to Quote..

By SEN Parent Support Group

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Every week, parents tell me the same story: They’ve asked the Local Authority to seek updated professional advice, and the LA responds with one of the following classics:

• “We don’t have a statutory duty.”
• “We can’t make appointments for your child.”
• “We’ve already got information on file.”
• “We don’t need to ask anyone new.”
• “We can’t tell you who we’ve contacted.”

If this sounds familiar, you’re not alone and more importantly, you’re not wrong. Here is a letter to use when requesting further assessments click here

What the law actually says, why these excuses don’t hold up, and how you can use this to strengthen your case at Tribunal.

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The Legal Definition of “Seeking Advice” (and Why the LA’s Version Doesn’t Count)

Under SEND Regulations 2014, Regulation 6, when an LA is assessing or reassessing a child, they must seek advice from:

• Educational Psychology
• Medical professionals
• Social care
• Anyone the parent reasonably requests
• Anyone the child/young person reasonably requests
• Any other person the LA considers appropriate

And here’s the part they conveniently forget:

Regulation 6(2) requires that advice must be:

• Current
• Specific
• Describe the child’s needs
• Describe the provision required
• Describe the outcomes expected

Old reports sitting in a filing cabinet do not meet this standard. A quick skim of “what we already have” does not meet this standard. “Child NOT known to service” doesn’t either! A refusal to seek updated advice absolutely does not meet this standard.

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“We Can’t Make Appointments”. A Non‑Argument

This one gets rolled out often, and it sounds official until you look at the law. The LA doesn’t have to make the appointments. But they do have to:

• request the advice
• chase the advice
• evidence their attempts
• escalate delays

The duty is to seek advice not to shrug and say “we can’t” which often happens under “child NOT known to service”.

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You Have the Right to Know Who They’ve Contacted

This is covered by:

• SEND Regs 2014, Reg 6(4)
• SEND Code of Practice 9.47–9.52

You are entitled to know:

• who they asked
• when they asked
• what they asked for
• whether the professional responded
• whether the LA chased it

If they refuse to tell you, that is a procedural breach and a very useful one if you end up at Tribunal.

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Case Law That Supports You (and Undermines Their Excuses)

L v Clarke & Somerset (1998)

EHCPs must be specific, detailed and quantified. That requires current, detailed advice, not recycled paperwork.

R v London Borough of Harrow ex parte M (1997)

An LA must gather sufficient evidence to make a lawful decision. Failing to seek advice = unlawful decision.

East Sussex CC v TW (2016)

Tribunal expects up‑to‑date evidence. Old reports are not enough.

Staffordshire CC v JM (2016)

LAs must consider parental requests for specific professionals. They cannot ignore or refuse without lawful reason.

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Why Their Responses Are Not Legal Arguments

When an LA says:

• “We don’t have a statutory duty”
• “We can’t”
• “We won’t”
• “We don’t need to”

…what they really mean is:

“We’re hoping you don’t know the law.”

Because the law is clear:

• They do have a statutory duty.
• They must seek advice.
• They must consider your requests.
• They must gather current evidence.
• They must tell you who they’ve contacted.

REST ASSURED…there is no legal basis for the excuses you’re being given.

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Why Saving Everything Is the Smartest Thing You Can Do

Every vague email, every refusal, every “we can’t”, every failure to cite law it all becomes part of your evidence trail so DOCUMENT EVERYTHING!

Tribunal panels take a very dim view of:

• misstatements of law
• refusal to seek advice
• reliance on outdated information
• failure to follow Regulation 6
• failure to respond to reasonable parental requests

You’re not just documenting frustration you’re documenting procedural failure.

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If you’re being told:

• “We don’t have a duty”
• “We can’t make appointments”
• “We’ve already got information”
• “We can’t tell you who we asked”

…you can be confident that the law is on your side. You’re not being difficult. You’re not asking for anything unreasonable. You’re asking the LA to comply with the legislation that governs their role.

And you’re absolutely right to keep every single email.

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Should you need further advice then please do join our closed group here.

If you need 1:1 bespoke support and mentorship then please book here.

To understand how the EHCPNA process works and to be part of a movement watch our CPD EHCPNA Parent Webinar here. Available to you are 8 CPD Parent SEND LAW training offers – that break everything down so you don’t have to!

Want to learn how to navigate the SENDIST Tribunal – Click here

For all other resources within our resource hub then click here or utilise our bespoke app here or search below in the categories grid.

For Documenting your journey and keeping a timeline and evidence trail use our bespoke app click here.

Thank you for reading!