Appealing a Refusal to Assess

If your request for an Education, Health, and Care Plan (EHCP) has been refused, it can be frustrating. However, you do have the right to appeal this decision. Here’s a step-by-step guide on how to go about appealing an unsuccessful EHCP request.

1. Understand the Reason for Refusal

Review the decision letter: Carefully read the letter from the local authority explaining why your request for an EHCP has been refused. They are required to provide clear reasons for their decision.
Request clarification: If the reasons are not clear, you have the right to ask the local authority for more detailed information or further clarification about why the decision was made. This could include seeking more specifics about how your child’s needs were assessed.

2. Know Your Rights

Right to appeal: Parents have the legal right to appeal if the local authority refuses to carry out an EHCP assessment or if the assessment results in a decision not to issue a plan. This can be done through the Special Educational Needs and Disability (SEND) Tribunal.
Timeframe: You must appeal within two months from the date of the local authority’s decision or one month from the date you receive your mediation certificate, if you go through mediation before lodging your appeal.

3. Consider Mediation

Contact the mediation service (details should be in the refusal letter).
Mediation can help you reach an agreement without going to tribunal.
If you do not want to mediate, request a mediation certificate so you can proceed with the appeal.

4. Gather Evidence

Collect reports from:
- School SENCO (Special Educational Needs Coordinator)
- Teachers
- Medical professionals (e.g., paediatricians, therapists)
- Educational psychologists (if available)
Gather examples of unmet needs (e.g., lack of progress, behaviour issues, exclusions, etc.).

5. Submit the Appeal to the SEND Tribunal

Complete the SEND35 Appeal Form (available on the Gov.uk website).
Attach supporting evidence.
Include the Mediation Certificate (unless exempt).
Submit to the First-tier Tribunal (Special Educational Needs and Disability) within two months of refusal or one month from the Mediation Certificate date (whichever is later).

6. Receive Tribunal Acknowledgment

The Tribunal will acknowledge your appeal and set a hearing date.
The LA will have 30 working days to respond.
You may be asked to provide more evidence.

7. Prepare for the Tribunal Hearing

The Tribunal is informal, but it’s best to be prepared.
You can have:
- A legal representative (not required)
- A SEND advocate or charity support (e.g., IPSEA, SENDIASS)
- Witnesses (e.g., teachers, therapists)
Prepare a written statement outlining why the assessment is needed.

Disclaimer: The information provided in this document was accurate at the time of writing. SENkind makes every effort to update content as needed, but guidance and processes may change. We are not a professional legal or advisory service; our support and advice are offered from a parental perspective based on lived experience. For specific legal or professional advice, please consult a qualified expert.