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Support with Refusal to Assess Appeals
Support with refusal to assess appeals
A Local Authority’s refusal to carry out an Education, Health and Care needs assessment does not have to be the end of the process.
Where an EHC needs assessment has been refused, parents and young people have the right to challenge that decision through the SEND Tribunal. We help families understand the appeal process, consider the available evidence, assess the strength of their case and take the necessary steps to challenge the decision before the appeal deadline expires.
What does a refusal to assess actually mean?
When a Local Authority refuses to carry out an Education, Health and Care needs assessment, it is stating that it does not consider the legal threshold for an assessment to have been met. However, the threshold for carrying out an EHC needs assessment is relatively low and is often misunderstood.
A refusal does not necessarily mean that the Local Authority’s decision is correct, nor does it mean that your child or young person does not need additional support. Refusal to assess decisions can be challenged through the SEND Tribunal, and many families successfully secure an assessment through the appeal process.
An appeal may be appropriate where there is evidence of unmet need, ongoing difficulties within an educational setting, involvement from professionals or concerns that the support currently available is not sufficient. The strength of an appeal will depend on the individual circumstances of the case and the evidence available.
We help families understand the legal test, assess the strength of their case, identify any gaps in the available evidence and prepare a clear, well-supported appeal within the required timescales.
How we support you
How we help with refusal to assess appeals
Clear explanation of the legal test and whether the Local Authority has correctly applied it
Independent and honest assessment of the strengths and challenges within your case
Support identifying relevant evidence and addressing any gaps before the appeal is submitted
Preparation and review of grounds of appeal aligned to the statutory legal framework
Assistance completing and submitting the SEND35A appeal form accurately and within the required deadlines
Full case management support available, including lodging the appeal, monitoring deadlines, managing communications and guiding you through each stage of the process
You’re not alone
When families often seek SEND appeals support
Families commonly seek support when they feel overwhelmed by the process and would like help to manage the case more confidently and effectively throughout the appeal journey.
★★★★★
“From the very start Laura was absolutely amazing. She managed the appeal process with such professionalism and clarity.”
Sammy Owen
Parent we supported
They have received a refusal letter and are not sure whether to challenge it
Professional reports suggest significant need but the Local Authority has not accepted them
School evidence has not been given proper weight in the refusal decision
They are not sure how strong their case is or what the legal test requires
The SEND35A form feels complicated and they are worried about getting it wrong
The appeal deadline is approaching and they are not sure what to do first
Our Refusal to Assess Appeals
Options
Support options for refusal to assess appeals
A refusal to assess appeal must clearly explain why a child or young person may have special educational needs and why an EHCP may be necessary. This requires well-structured grounds, relevant evidence and careful attention to appeal deadlines.
We offer flexible support to suit different families and circumstances, from advice on the strength of your case to preparing and lodging the appeal or providing ongoing support throughout the process.
Full appeal management
Designed for families who would like comprehensive support throughout the refusal to assess appeal process. We provide guidance from the initial review and preparation of the appeal through to its submission and ongoing management.
This may include reviewing the available evidence, preparing the appeal documentation, advising on the Local Authority’s response, monitoring Tribunal deadlines and providing support as the case progresses. Our aim is to ensure that your appeal is presented clearly and effectively while helping you understand each stage of the process.
This service may include
Advice on the strengths of your case and any issues that may require further consideration
Review of the evidence available and identification of any areas where further supporting evidence may be beneficial
Assistance with further submissions and additional evidence where appropriate
Preparation and drafting of appeal documentation, including the grounds of appeal and relevant Tribunal forms
Submission of the appeal following your approval
Review of the Local Authority’s response and advice on any next steps
Support with communications relating to the appeal process
Ongoing monitoring of Tribunal deadlines and key stages of the appeal
Application preparation support
Suitable for families who would like expert support preparing and submitting their refusal to assess appeal but feel confident managing the Tribunal process independently once the appeal has been registered.
We review the available evidence, advise on the strength of the case, prepare the grounds of appeal and relevant Tribunal documentation, and provide submission-ready paperwork for your approval.
This service includes
Guidance on any additional evidence that may help support the appeal
Review of the evidence provided and advice on the overall strength of the case
Completion of the relevant Tribunal application forms
Preparation of appeal documentation and grounds of appeal
Advice on the next steps once the appeal has been registered
Submission-ready appeal paperwork for your approval
This option is designed to provide families with a professionally prepared appeal application while retaining responsibility for managing the appeal thereafter.
Document review
Suitable for families who have prepared their own refusal to assess appeal and would like professional feedback before submitting it to the SEND Tribunal.
We review the appeal documentation, consider the clarity and structure of the case, identify any areas that may require further development and advise on evidence that may strengthen the appeal. This option provides independent input while allowing families to continue managing the appeal themselves.
This service includes
Feedback on the overall presentation, structure and clarity of the appeal
A detailed review of the appeal documentation you have prepared
Advice on the strengths of the appeal and any issues that may require further consideration
Identification of any areas that may benefit from further development or clarification
Recommendations to help ensure your appeal is as clear, focused and effective as possible before submission
Guidance on additional evidence that may help support your case
This option is ideal for families who are managing their own appeal but would value professional input before taking the next step.
Our support is grounded in the SEND legal framework and focused on helping families present their evidence in a clear, structured and persuasive way.
We provide all clients with our Terms of Business before work begins, ensuring that the scope of support and costs are clearly understood from the outset.
Our refusal to assess appeals process
How our refusal to assess appeal support works
1.
Get in touch
If you have received a refusal to assess decision, contact us to discuss your circumstances. Please include the date of the decision and any relevant evidence available. We will review the information, provide a clear assessment of your options and recommend the level of support best suited to your family’s needs.
2.
We review your case
We review the refusal letter, professional reports and any other relevant evidence. We then consider the case against the legal test and identify any areas that may need strengthening before the appeal is submitted.
3.
Your appeal is prepared
We prepare the grounds of appeal and SEND35A form, ensuring the case is clearly structured and reflects the relevant legal test. Where full appeal management is selected, we can also submit the appeal and support you through the initial stages of the Tribunal process.
4.
The next steps
We ensure your appeal is clearly presented, supported by the available evidence and ready for submission within the required timescales. Depending on the service selected, we can also continue to guide you or manage the appeal as it progresses through the Tribunal process.
Is this the right support for you?
This support is suitable for families who have received a refusal to assess decision and would like guidance on their right to appeal, the evidence that may be required and how to present a clear, well-supported case within the relevant timescales.
This service is usually most helpful when…
You received the refusal decision within the last two months
Professional reports already identify significant or complex needs
Relevant school evidence does not appear to have been properly considered
You would like professionally drafted grounds before submitting the appeal
You need support completing the SEND35A form and preparing the appeal documentation
A different service may be more appropriate if:
You are still preparing the original request for an EHC needs assessment
The Local Authority has agreed to assess and the assessment process is still ongoing
Your child or young person already has a final EHCP and you require support with an appeal about its contents or named placement
Free download
7 Things to Check Before You Accept a Draft EHCP
A practical guide to help you identify unclear wording, missing provision, and the key sections that matter before your EHCP is finalised.
Trusted by families across England
Real reviews from parents and carers we’ve supported through EHCPs, appeals and Tribunals.
Questions & answers
Frequently asked questions about refusal to assess appeals
Still unsure about something? We’re always happy to talk it through.
Why families choose us
You are in safe, experienced hands
We are a team of independent SEND advocates and consultants with professional backgrounds across healthcare, education and law.
As a team, we also bring lived experience of the SEND system, whether as neurodivergent individuals ourselves and/or as parents supporting our own children, alongside extensive experience supporting hundreds of families through the process.
Our team holds Advanced IPSEA SEND Law training as a minimum standard, we works with ongoing guidance from specialist education lawyers and maintains up-to-date knowledge of current legislation, statutory guidance and case law. We are also proud to have received multiple awards recognising our work in SEND advocacy.
Most importantly, we are proud of the families who place their trust in us and the outcomes achieved for the children and young people we support.
SEND GUIDANCE
Helpful guidance for families navigating SEND
Explore related support
Other ways we can help
Refusal to Issue Appeals
Support when the Local Authority has completed an assessment but decided not to issue an EHCP.
Mediation Support
Support preparing for formal mediation before or instead of a Tribunal appeal.
EHCP Support
Support with EHC needs assessment requests, draft EHCPs, final plans, annual reviews and other stages of the EHCP process.
Here when you’re ready
Protect your right to appeal
Strict deadlines apply following a refusal to assess decision. If you are unsure whether to challenge the decision, it is important to seek advice promptly so that your options can be considered before the appeal deadline expires.
Contact us to discuss your circumstances. We can review the available information, assess the strengths of your case and advise on the most appropriate next steps.