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A clear, practical guide for parents who have received a refusal to assess and are not sure what happens next.
Your EHC needs assessment was refused. Here is what it actually means.
A refusal to assess letter is the Local Authority’s formal decision not to carry out an EHC Needs Assessment for your child. The Local Authority has six weeks from receiving an EHC Needs Assessment request to make that decision, so by the time the letter arrives, that statutory process has already taken place.
Receiving a refusal can feel devastating. Many parents read the letter and immediately worry that professionals do not believe their child has needs or that they have somehow got things wrong. In reality, a refusal to assess does not mean your child does not have special educational needs. It simply means that the Local Authority has decided that the legal threshold for an assessment has not been met.
Local Authorities do not always get that decision right. Many refusal to assess decisions are successfully challenged through mediation and appeal, particularly where there is evidence that the child may have SEND and may require special educational provision to be made through an EHCP.
Around 50% of all EHC needs assessment requests are refused. Many of those refusals are unlawful. We’ve helped many families who felt that when the letter came, the door had closed on them. Yet, they went on to successfully challenge the decision. If something about this does not sit right with you, it’s worth taking further.
The legal test the Local Authority must apply
To challenge a refusal, it helps to understand what the LA was actually required to consider. Many of the parents I speak to are surprised by how low the legal threshold is supposed to be.
Under Section 36(8) of the Children and Families Act 2014, the LA must apply a two-part test:
- Does the child or young person have, or may they have, special educational needs?
- Is it necessary, or may it be necessary, for special educational provision to be made through an EHC plan?
That word “may” in both parts is doing a lot of work. You don’t need to prove your child definitely needs an EHC plan. You only need to show that it may be necessary to find out. The threshold is deliberately low.
Where refusals go wrong (and we see this regularly) is when the LA applies a blanket policy. They usually set a higher bar than the law requires. They also tend to compare your child’s development to neurotypical peers instead of focusing on what this child requires. If your letter says things like “your child is making progress” or “needs can be met in school” without addressing the legal test, that’s a red flag. Get advice before you accept it.et in school” without addressing the legal test, that’s a red flag. Get advice before you accept it.
Read the EHC refusal letter carefully
The Local Authority is legally required to explain the reasons for its decision. However, many refusal letters follow a similar pattern and often focus heavily on the support already available within school, current levels of attainment, or the absence of a formal diagnosis, many refusal letters are standard templates that say very little of substance. I’d still suggest reading yours carefully, though, because the detail (or lack of it) can be important.
- Has the LA actually addressed the two-part legal test, or does the letter just state a conclusion?
- Has it properly considered the evidence you submitted, or does it look like it was overlooked?
- Has it compared your child to neurotypical peers rather than their own individual profile of need?
- Does it mention “progress” without addressing whether that progress is sustainable or sufficient without extra support?
Keep a copy of the letter and make a note of the date on it. Both will matter if you decide to appeal.
Your three options after a EHC needs assessment refusal
Once a refusal arrives, there are three routes available to you.
Option 1: Accept the decision
Sometimes, accepting makes sense. If you’re waiting on professional reports, a stronger request in a few months might be more realistic. If that is where you’re, ask the school to confirm in writing what SEN support they will put in place in the meantime, and know that you can request a new assessment at any point.
If you already have professional evidence identifying needs, difficulties or the provision your child may require, it is usually sensible to seek advice before deciding whether to accept the decision. In many cases, the available evidence may be stronger than the Local Authority’s refusal letter suggests.
Option 2: Mediation
You have a legal right to request mediation within two months of the date on the refusal letter. This is a conversation between you and the LA, led by an independent adviser. The goal is to reach an agreement without going to Tribunal.
It’s a common misconception that you have to actually attend mediation in order to register an appeal. That’s not the case. You just need to contact a mediation adviser and consider it. If you choose to go straight to Tribunal, the adviser gives you a mediation certificate. You’ll need this to file your appeal.
If mediation does go ahead, the LA has 30 days to arrange it, and you get a certificate at the end either way.
Mediation can be a useful opportunity where there is a realistic prospect of resolving the dispute without the need for an appeal. However, if discussions with the Local Authority have already taken place and positions remain firmly entrenched, it may be more effective to obtain a mediation certificate and proceed directly to appeal. The right approach will depend on the individual circumstances of the case and the evidence available.
Option 3: Appeal to the SEND Tribunal
This is the formal route – and for a lot of the families we work with, it’s the right one. The appeal is typically heard on the papers, so you’ll not need to attend a hearing orally. .
Many parents are surprised to learn how often refusal to assess decisions are overturned on appeal. Tribunal statistics consistently show that a significant proportion of SEND appeals are decided in favour of families. While every case turns on its own facts and evidence, this highlights an important point: a refusal to assess is not the end of the road and it does not necessarily mean the Local Authority’s decision was correct.
Do Not Miss the Appeal Deadline
If you decide to appeal, strict time limits apply. In most cases, an appeal must be registered with the SEND Tribunal within two months of the date on the Local Authority’s decision letter. If mediation has been considered, a different deadline may apply and families should check their mediation certificate carefully.
The time limit runs from the date of the decision letter itself, not the date it was received. It is therefore important to act promptly and seek advice as soon as possible if you are considering an appeal.
Whilst the Tribunal can accept a late appeal in some circumstances, permission is not automatic and a clear explanation for the delay will be required. Wherever possible, it is best to ensure that any appeal is lodged within the applicable deadline.
What evidence helps most in a refusal to assess appeal
The Tribunal is focused on one question: has the legal test been met? Everything you submit should speak to that. These are the types of evidence that carry the most weight:
- Professional reports from relevant specialists – educational psychologists, speech and language therapists, occupational therapists, paediatricians
- School evidence, including SEN support plans, provision maps, Individual Education Plans (IEPs)and attendance records
- Evidence of the impact of unmet needs on your child’s daily life, learning and wellbeing
- Your own account as a parent, particularly anything that captures patterns the school or professionals may not have directly seen
Get the most recent evidence you can. Older reports are not automatically irrelevant if they still speak to your child’s current needs, but fresh evidence carries more weight.
As you gather your evidence, keep coming back to the two questions the Tribunal must consider. Does your child have, or may they have, special educational needs? And is it necessary, or may it be necessary, for special educational provision to be made through an EHCP?
One of the most common mistakes families make is relying too heavily on a diagnosis. A diagnosis can be important evidence, but on its own it rarely answers the Tribunal’s questions. The Tribunal will want to understand how your child’s difficulties affect their education, what support they require, and why that support may need to be secured through an EHCP.
The strongest appeals are those that clearly connect the evidence to educational need and provision. It is often that link between diagnosis, educational impact and required support that determines whether the legal test is met.
What the Tribunal can and cannot order
If your appeal is successful, the Tribunal will order the LA to carry out an EHC needs assessment. They must start that process within two weeks of the order.
Winning the appeal doesn’t automatically mean an EHC plan will be issued. The assessment has to happen first, and the LA will then make a further decision about whether a plan is needed. If they refuse again, or issue a plan you’re not happy with, there are further rights of appeal at that stage too.
Do you need an advocate or professional support?
Some families successfully manage a refusal to assess appeal themselves, particularly where the evidence is already strong and clearly demonstrates how the legal test is met. For many parents, however, the process can feel overwhelming. Alongside the paperwork and procedural requirements, there is often the emotional challenge of having to fight for support that they believe their child should already be receiving.
An independent SEND advocate can help by reviewing the refusal decision, identifying the strengths and weaknesses of the case, helping to gather and present evidence, and providing support throughout the appeal process. The aim is not simply to challenge the refusal, but to ensure that the evidence is presented in a clear, structured and persuasive way.
At The SEND Consultancy Group, supporting families through EHC Needs Assessment requests, refusals to assess and SEND appeals is a significant part of what we do. If you have received a refusal and are unsure what to do next, we can help you understand your position, your options and the next steps available to you.
7 Things to Check Before You Accept a Draft EHCP
If your appeal is successful and the local authority carries out an assessment, the next stage is the draft EHCP. A lot of parents are not sure what a legally compliant plan should look like, or what to push back on before it becomes final.
Our free guide walks you through the seven key things to check, including the wording that protects your child and the phrases that leave them exposed.
EHC Needs Assessment Refusal FAQs
How long do I have to appeal an EHC needs assessment refusal?
You must submit your appeal within two months of the date on the local authorities’ refusal letter, or within one month of the date on your mediation certificate, whichever is later. The clock runs from the date on the letter, not the date it reached you, so move quickly.
Do I have to go to mediation before I can appeal an EHC needs assessment refusal?
No, but you do need to contact a mediation adviser and consider it before you can register your appeal. If you choose not to mediate, they will issue you a certificate that you’ll need to submit alongside your appeal form. If you have already had extensive back-and-forth with the local authority, going straight for the certificate and appealing is often the faster route.
What happens if my EHC needs assessment appeal is successful?
If the Tribunal allows the appeal, it will order the Local Authority to carry out an EHC Needs Assessment. The assessment process must then begin within the timescales set out by the Tribunal order.It is important to understand that a successful refusal to assess appeal does not automatically result in an EHCP being issued. The purpose of the appeal is to secure the assessment itself. Once the assessment has been completed, the Local Authority must make a further decision about whether an EHCP is necessary. If you disagree with that later decision, further rights of appeal may be available.
