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Support with Refusal to Issue Appeals
An assessment has taken place, but the Local Authority has decided not to issue an EHCP?
Once an EHC needs assessment has been completed, the Local Authority must consider all of the advice and evidence gathered and decide whether it is necessary for an EHCP to be issued.
Where the Local Authority decides not to issue an EHCP, that decision can be challenged through the SEND Tribunal. We support families to review the assessment evidence, consider whether the legal test has been properly applied and prepare a clear, well-supported appeal within the relevant timescales.
What does a refusal to issue appeals actually mean?
A refusal to issue means that the Local Authority has completed an EHC needs assessment and considered the professional advice and evidence gathered but has decided that an Education, Health and Care Plan is not necessary.
This does not mean that the Local Authority considers the child or young person to have no special educational needs. Instead, it is usually saying that their needs can be met through the support ordinarily available from their educational setting without an EHCP.
The legal question is whether it is necessary for special educational provision to be made through an EHCP. Where the assessment evidence identifies significant needs, difficulties accessing education or provision that cannot reasonably be secured without a statutory plan, there may be grounds to challenge the decision.
The evidence gathered during the assessment often forms the basis of the appeal. We help families understand how that evidence relates to the legal test, identify any areas that may require further support and prepare a clear, well-structured appeal within the required timescales.
Key benefits
How we help with Refusal to Issue Appeals
Clear guidance on the relevant legal test and whether the decision may be challenged
Independent review of the evidence gathered during the assessment process
Identification of the strongest aspects of the case and any areas that may require further evidence
Professionally prepared grounds of appeal aligned with the relevant legal framework
Support completing the SEND35 form and preparing the supporting documentation
Full appeal management available, including deadline monitoring and ongoing guidance throughout the process
You’re not alone
When families often seek SEND appeals support
Families often contact us where an EHC needs assessment has been completed but the Local Authority has decided not to issue an EHCP. This may be because:
★★★★★
“From the very start Laura was absolutely amazing. She managed the appeal process with such professionalism and clarity.”
Sammy Owen
Parent we supported
Professional reports identify clear educational needs, but the Local Authority considers that an EHCP is not necessary
They are unsure whether the assessment evidence is sufficient to support an appeal
They would like the reports and evidence reviewed before submitting the appeal
They need support preparing the SEND35 form and appeal documentation
The appeal deadline is approaching and they are unsure what steps to take
Our Refusal to Issue Appeals
Options
Support options for refusal to issue appeals
A refusal to issue appeal must clearly explain why an EHCP is necessary and how the assessment evidence supports that position.
We offer flexible support, from advice on the strength of your case to preparing and submitting the appeal or providing ongoing support throughout the Tribunal process.
Full support and case management
Designed for families who would like comprehensive support throughout the appeal process, from the initial preparation of the appeal through to hearing preparation and the final stages of the case. This option is ideal for those who would prefer ongoing guidance and assistance managing what can often be a complex and demanding process.
This service may include
Preparation of appeal documentation, grounds of appeal and assistance with completing and submitting all Tribunal paperwork
Review of the available evidence and advice on the strengths of the case, including any areas where further evidence may be beneficial
Assistance with the preparation and submission of additional evidence as the case progresses
Review of the Local Authority’s response, ongoing management of key Tribunal deadlines and support with all communications relating to the appeal
Access to ongoing advocacy and case management support in accordance with the scope of the service selected
Hearing preparation support to help families understand the Tribunal process and feel confident presenting their case
This option is designed to provide families with consistent support throughout the appeal, helping to reduce the administrative burden while ensuring the case remains focused on the issues that matter most.
Pre-registration appeal support
Suitable for families who would like professional support preparing their appeal but feel confident managing the Tribunal process independently once the appeal has been registered.
This service focuses on ensuring that the appeal is clearly prepared, supported by the available evidence, and aligned with the relevant legal framework before submission.
This service may include
Preparation of the grounds of appeal, supporting documentation and assistance completing the relevant Tribunal application forms
Review and analysis of the available evidence, with advice on the strengths of the case and any areas where further evidence may be beneficial
Guidance on next steps once the appeal has been lodged
Review of all appeal paperwork to ensure it is clear, focused and ready for submission
This option is ideal for families who would like SEND Advocacy input at the application stage while retaining responsibility for managing the appeal thereafter.
SEND35 application form preparation
Suitable for families who would like support completing the SEND35 appeal form but intend to manage the appeal independently.
We will gather the relevant information from you and prepare the application form on your behalf, providing you with an opportunity to review the document before submission. This service is limited to the preparation of the application form and does not include advice on the merits of the appeal, review of evidence, or ongoing support throughout the Tribunal process.
This option is ideal for families who want the appeal form completed professionally but are confident managing the rest of the process themselves.
SEND35 application review
Suitable for families who have already prepared their own SEND35 appeal form and would like professional feedback before submission.
We will review the documentation you have prepared and provide feedback on the overall clarity, structure and presentation of the application, together with recommendations for any areas that may benefit from further refinement before it is submitted to the Tribunal.
This option is ideal for families who have already prepared their own SEND35 form and want professional feedback before they submit it to the Tribunal.
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 process
How our refusal to issue appeal support works
1.
Get in touch
Contact us once you have received a refusal to issue decision. Please provide the date of the decision and any evidence gathered during the EHC needs assessment. We will consider the information available, explain your options and recommend the most appropriate level of support for your family.
2.
We review the evidence
We review the Local Authority’s decision, the assessment advice and any other relevant documents. We consider how the evidence relates to the legal test for issuing an EHCP and identify any areas that may benefit from further clarification or supporting evidence.
3.
Your appeal is prepared
We prepare the grounds of appeal and SEND35 form, ensuring the case is clearly structured and supported by the available evidence. Where full support and case management is selected, we can also submit the appeal and manage the next stages of the Tribunal process.
4.
Your appeal Is ready for submission
You leave every interaction understanding what is wrong, what your child is legally entitled to and exactly what steps to take next.
Is this the right support for you?
This support is designed for families who have received a refusal to issue decision following an EHC needs assessment and would like help understanding whether the decision can be challenged, reviewing the available evidence and preparing the appeal within the relevant timescales.
This support may be particularly helpful if:
You received the refusal to issue decision within the last two months
The assessment reports identify clear or significant educational needs
The EHC needs assessment has been completed, but no EHCP has been issued
You would like stronger, professionally prepared grounds of appeal
You need support completing the SEND35 form and preparing the appeal documentation
A different service may be more appropriate if:
The EHC needs assessment has not yet taken place
You are appealing a refusal to assess decision
Your child or young person already has a final EHCP and you require support with 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 issue 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 multi-award-winning team of independent SEND advocates and consultants with backgrounds in healthcare, education and law.
Every member of our team has personal experience of navigating the SEND system, either as a neurodivergent person, as a parent advocating for their own child/ren, or both. That lived experience sits alongside our professional knowledge and shapes the practical, compassionate support we provide.
Our team holds Advanced IPSEA SEND Law Level 3 training at a minimum, undertakes ongoing professional development and keeps up to date with relevant case law, statutory guidance and developments in SEND law. Where appropriate, we may also seek specialist legal input on more complex matters.
We are proud of the recognition our work has received, but we are most proud of the families who continue to place their trust in us and the outcomes we have helped them achieve for their children.
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Helpful guidance for families navigating SEND
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Other ways we can help
Refusal to Assess Appeals
Support when the Local Authority has refused to carry out an EHC needs assessment.
EHCP Content and Placement Appeals
Support when the Local Authority has refused to carry out an EHC needs assessment.
Mediation Support
Support preparing for formal mediation before or alongside a Tribunal appeal.
Here when you’re ready
The Local Authority has completed an EHC needs assessment but decided not to issue an EHCP.
This does not have to be the final outcome.
We can help you understand your right to appeal, review the evidence gathered during the assessment and explain the options available. Where appropriate, we can also support you to prepare a clear, well-supported appeal within the required timescales.