My son's nursery have refused to submit an EHCP. Is this allowed?

My son's preschool will not apply for an EHCP because he is 'hitting his milestones'. This does not feel right to me. I have asked them to reconsider based on his diagnosis of ASC but they have declined. Is there anything I can do?


Rebecca Harris
14 Mar 2023

Answer Now

A: SenseCheck

  • 1 Yes
  • 0 No
  • 0 Other


  • 15 Mar 2023
  • Yes


    These situations are frustrating. Speaking generally, a school can refuse to make a request to an LA to secure an EHC needs assessment for a child. That said, in such circumstances a child’s parent can submit a request to the LA themselves. 

    The Noddy Guide addresses this:

    05.01 Are there any particular rules about when an LA has to undertake statutory assessment of a child or young person’s SEN? 

    The above is helpful but please be aware that the test applied in the ‘first stage’ will involve considering both the evidence submitted by the parent and the evidence obtained by the LA some of which should be obtained from the school.

    Sean Kennedy

    Sean Kennedy
    Talem Law