EHCP refused? Appeal help for parents
Understand the decision, protect your deadline and organise the evidence that matters.
An EHCP refusal can leave you unsure where to start. Parents can challenge a local authority’s refusal to assess or refusal to issue a plan through the First-tier Tribunal (SEND). First identify which decision you have, note the letter date and contact the SEND mediation adviser. You do not need to have every report ready before taking these steps.
This guide concerns England and gives general practical guidance, not individual legal advice. For young people over compulsory school age, appeal rights normally belong to the young person; seek advice about who should bring the appeal. [5]
1. Which EHCP refusal have you received?
Refusal to carry out an EHC needs assessment
The LA has declined to assess. Under section 36(8) of the Children and Families Act 2014, it must assess if your child has or may have SEN and it may be necessary for special educational provision to be made through an EHC plan. This is the “may” test: you do not have to prove that a plan is definitely necessary already. [1]
A school’s disagreement does not prevent you requesting an assessment yourself. Local rules about spending, academic gaps or a set number of terms of support cannot replace the statutory test. The LA normally has six weeks from the request to give its assessment decision, subject to limited exceptions. [1]
Refusal to issue an EHCP after assessment
The assessment has happened, but the LA says a plan is unnecessary. Section 37(1) asks whether special educational provision must be made in accordance with an EHC plan: if that is necessary, the LA must issue one. Focus on whether your child will receive the provision they need without a plan. This is not the assessment-stage “may” test. [2]
A refusal to issue must normally be notified within 16 weeks of the assessment request, subject to limited exceptions. Winning an assessment appeal does not automatically secure an EHCP: the assessment informs the later decision. [2]
2. Protect the appeal deadline
The Tribunal must normally receive your appeal by the later of two calendar months from the date of the LA decision letter or one month from the date of the mediation certificate. It is receipt, not the day you post it, that matters. [4] [5]
Record both dates and keep copies. Contact the mediation adviser within two months of the decision letter. Informal discussions or a complaint to the LA do not replace the appeal process: do not assume they extend your deadline. [3] [4]
If you are late, your appeal is not automatically lost. Ask the Tribunal for permission to appeal out of time and explain the delay, with supporting evidence where available. Acceptance is discretionary, not guaranteed. IPSEA explains late appeals and holiday deadline exceptions; seek advice promptly rather than assuming you must start again. [4]
3. Consider mediation, without being required to attend
For these refusal appeals, you ordinarily need to contact a SEND mediation adviser, consider mediation and obtain a certificate before submitting. Attendance is optional. If you decide against mediation after receiving information, the adviser provides the certificate; if you attend, you receive one afterwards. [3]
Use the SEND mediation contact in the LA’s decision letter, or ask the LA for it. This is not the family-mediation route used for separation disputes. Mediation is free for parents and can clarify disagreements, but you do not have to agree to a proposed outcome. Keep your deadline in view. [3]
4. Submit the correct form and relevant evidence
For children and young people living in the community, use SEND35A for refusal to assess and SEND35 for refusal to issue. Follow the current GOV.UK parent appeal instructions and IPSEA submission guidance. GOV.UK provides email and postal routes; check which submission options apply rather than assuming an online portal handles every appeal.
Include the decision letter, mediation certificate, clear reasons for disagreeing and supporting documents required by the form. Link your reasons to the correct legal test. Save the submitted material and confirmation of receipt; follow the Tribunal’s directions for further evidence.
- Assessment refusal: use support plans, progress records, existing reports and specific parent observations to explain SEN and why a plan may be needed.
- Plan refusal: connect assessed needs to recommended provision, what school can deliver and why provision without a plan is insufficient.
- Evidence gaps: identify missing information. Private reports are not compulsory; consider whether an additional report would answer a specific disputed question before paying for one.
Fictional example: organising an assessment-refusal argument
LA reason: “School can meet needs.” Legal question: might provision through a plan be necessary? Existing evidence: a support plan records daily adult help, but review notes show continuing difficulty accessing lessons. Gap: ask school what support was delivered and its impact. This is an illustration, not a prediction of success.
Refusal-to-assess appeals are normally decided on written evidence. Other appeals may involve a hearing. There is no fixed listing duration promised here: use your case directions and Tribunal correspondence for dates. [6]
How SEND Navigate can help
Stephen offers practical case-building, drafting and coaching, not solicitor services. The free 30-minute consultation includes a short written next-step summary, normally one to two pages, based on the discussion only. It is not a document audit, legal merits opinion or appeal-grounds service. Read the free-summary scope. The separate £175 Initial Consultation includes pre-reading of one recent document, a 60-minute call and written next steps within up to 3.5 hours of professional time.
The advisory hub lists EHCP Application Support for assessment refusals, and the LA Decision Appeal Package for case analysis, an evidence summary and appeal-grounds drafting. Tribunal preparation and hearing representation are separate service options. Confirm suitable scope, who submits documents, time allowances and exclusions before commissioning work.
See EHCP advisory services for current scope and fees. No package or outcome is assumed. Free alternatives include IPSEA’s refusal-to-assess resources and your local SENDIASS; ask about legal-aid advice if needed.
Talk through your refusal
Book a free consultation with Stephen. Tell him which decision you received and its date. Agree how to share sensitive documents safely before sending full records.
Book a free consultationPrefer self-guided resources? The optional EHCP Action Pack is a secondary resource, not a substitute for appeal advice or the official forms.