
Client’s Story: Tribunal Orders Local Authority to Assess Young Child’s Special Educational Needs After Unlawful Refusal
After Alex, a young child with complex communication needs, was unlawfully refused an Education, Health and Care Needs Assessment (EHCNA), his mother challenged the decision with help from Simpson Millar’s Education Law team. The SEND Tribunal ruled in their favour, ordering the Local Authority to carry out the assessment and highlighting widespread misapplication of the law. This judgment reinforces that existing support does not override the legal duty to assess a child’s needs under section 36(8) of the Children and Families Act 2014.