If you decide to agree with our decision, your child should continue to be supported at nursery, school or college. You should meet with staff on a regular basis to ensure your child’s needs are understood and appropriate provision is in place to make progress.
Ordinarily available inclusive provision (OAIP) describes the support you should expect mainstream nurseries, schools or colleges to be able to provide for all children and young people, including those with SEND.
If you subsequently decide that you want to submit another request for assessment, you can do so at any time – there is no minimum time you need to wait. Ask your school for support to ensure the appropriate evidence is submitted for any future request.
If you disagree with the decision not to carry out an assessment, you will have a right to appeal. However, you have the option to meet with us to discuss the decision or request formal mediation.
More information about what you can do if you disagree with a decision.
Who makes the decision
The decision about whether to start an EHC needs assessment is made by the Local Authority, moderated by a multi-disciplinary panel of professionals. The panel looks at the evidence and ensures that all decisions are made in accordance with the law.
The panel will include:
- a senior manager from the SEND Statutory Team
- an educational psychologist
- Devon’s designated medical officer
- a social work manager
- advisory teachers from the SEND Support Team
- an early years manager
How the decision is made
A decision will be made based on all the evidence submitted. This includes information on:
- attendance
- attainment
- your child’s SEND needs
- the provision being made by the educational setting to support the SEND needs
- the impact of the provision in regard to progress
If there is insufficient evidence of the above, or evidence that your child is making progress, then a request for assessment might be turned down.