EHCP refusal to assess support
Understand the refusal, organise your evidence and prepare your next step with confidence.
A refusal to carry out an EHC needs assessment can feel disheartening when your child is still struggling. The decision can be challenged.
We review the reasons given, examine the evidence and help you prepare for mediation or a SEND Tribunal appeal.
Check the appeal deadline first
The tribunal must normally receive your appeal within two months of the date on the decision letter or one month from the mediation-certificate date, whichever is later.
Share both dates when you contact us. Do not calculate the deadline from when you opened the letter. Discussions with the authority or booking support do not automatically pause the timetable.
The question is whether an EHCP may be necessary
A refusal to assess means the local authority has decided not to carry out the formal assessment of education, health and social care needs. It does not establish that your child has no SEN or could never require an EHCP.
Under Section 36(8) of the Children and Families Act 2014, the assessment test has two parts:
Your child has or may have SEN
Evidence should explain their special educational needs and the effect on learning, participation and access to education.
Provision through an EHCP may be necessary
You do not have to prove at this stage that an EHCP must definitely be issued. The decision concerns whether a statutory assessment is required.
An assessment appeal is not a request for an immediate final EHCP. A successful refusal-to-assess appeal can require the authority to assess. Whether it must issue a plan is considered after that assessment.
Look carefully at the reasons for refusal
We consider the reasons against the statutory test, rather than treating local criteria as automatic requirements.
“There have not been enough SEN Support cycles”
Support attempted and its impact are relevant, but there is no fixed national number of assess, plan, do and review cycles that must be completed first. Nor must every possible intervention fail before assessment can be considered.
“Your child is making academic progress”
Attainment is only part of the picture. Consider communication, sensory needs, regulation, attendance, independence, social interaction and the amount of support needed to achieve that progress.
“There is no diagnosis or insufficient professional evidence”
A diagnosis is not a prerequisite. We review what the existing evidence establishes, what is missing and whether coordinated statutory assessment may be needed to clarify needs and provision.
“School can do more with existing resources”
Examine the support actually delivered, its frequency, staffing, consistency and outcomes. An intervention listed on a provision map is not necessarily an intervention your child has received.
“The needs are not sufficiently complex”
Compare the reasoning with the legal test. Explain the individual needs, educational impact, required provision and why an EHCP may be necessary, without relying only on labels or general assertions.
Mediation advice and registering an appeal
A parent or eligible young person can appeal a refusal to secure an EHC needs assessment. The specific tribunal form is SEND35A; use the current HMCTS version.
Contact the mediation adviser
For this type of appeal, you normally need mediation advice and a certificate before registering. The refusal letter should give the contact details.
Taking part in a mediation meeting is your choice. You can obtain a certificate after advice even if you decide not to mediate.
Explore mediation supportPrepare the assessment case
Focus on the statutory test, needs, educational access, existing support and why provision through an EHCP may be necessary.
Keep the decision letter, certificate, original request and relevant evidence together. Follow current tribunal instructions and directions.
Find the current SEND35A formRefusal-to-assess support options
We agree the work, documents, timescales and fee before starting. The following outlines possible support; your written agreement confirms what is included.
Refusal Decision Review
For parents who want to understand the decision and their options.
- Refusal-letter and original-request review.
- Review of selected evidence.
- Written recommendations.
- Discussion of mediation and appeal options.
Appeal Preparation Support
For parents preparing and managing their own appeal.
- Case review and SEND35A support.
- Grounds of appeal.
- Parent statement.
- Evidence index.
- Appeal submission guidance.
Full Refusal-to-Assess Appeal Support
For more complex cases or continued assistance.
- Appeal preparation and evidence review.
- Mediation preparation.
- Local-authority response review.
- Case-management support.
- Hearing preparation and witness guidance.
- Ongoing assistance as agreed.
Attendance and submissions: Hearing attendance, witness support, representation and submission on your behalf must be expressly agreed. Document preparation alone does not include them. Evidence allowances and the endpoint of ongoing support are set out in your agreement.
Build evidence around four useful questions
The aim is a clear explanation of why assessment is required, rather than simply a larger collection of documents.
What are the needs?
Describe communication, learning, attention, executive function, sensory, emotional, physical and independence needs. Include strengths and the child or young person’s views.
How do they affect education?
Consider lesson access, progress, adult support, attendance, transitions, distress, exclusions, independence and recovery after school. Use dated, specific examples.
What support has been delivered?
Explain the intervention, who delivered it, how often, for how long, how consistently and with what result. Include substantial support at home where relevant.
Why may a statutory plan be needed?
Connect continuing difficulties and required provision to the limits of current arrangements. Identify unanswered questions and the need for coordinated professional advice.
Documents to gather
Bring the refusal letter, original request, SEN Support plans, APDR records, school reports, provision maps, attendance and incident records, professional and assessment reports, parent observations and correspondence.
Professional advice is useful where it identifies specific needs, required interventions, staffing, therapies, environmental adaptations or further assessment needed.
What we can help you prepare
A focused review
Analyse the refusal and original request, identify overlooked evidence and check whether the correct threshold appears to have been applied.
A clear written case
Prepare agreed grounds, a parent statement, chronology or summary, linking needs and impact to the assessment test.
Organised next steps
Identify evidence gaps, organise documents, prepare mediation points and review the authority’s response within the agreed scope.
Our approach combines practical SEND advocacy with the wider psychological insight of our assessment services. We explain the process in parent-friendly language and offer remote support across England.
After the appeal is accepted
The tribunal issues directions and a timetable. These may cover the authority’s response, further evidence, witnesses, case-management documents and the decision or hearing.
Paper or oral consideration
Refusal-to-assess appeals are normally considered on the written evidence unless an oral hearing is requested. A paper decision does not involve attendance. An oral hearing allows the panel to ask questions and hear explanations from the parties and witnesses.
The tribunal determines how the case is managed. Check the directions and seek advice if you need to request a different format.
The authority may reconsider
It may agree to assess before the case concludes. Ask for written confirmation of the decision and assessment timetable, and ensure the appeal’s status is dealt with properly.
If the tribunal decides the appeal, it may order an assessment or dismiss the appeal.
How our support works
- Contact us promptly. Share the refusal letter and date, original request, key documents, mediation position and known deadlines.
- Review the issues. We identify the reasons for refusal, evidence available and urgent procedural steps.
- Agree the scope and fee. We confirm included work, document allowance, timescales and limitations.
- Prepare the agreed case. We complete the documents and evidence organisation included in your service.
- Complete the next stage. We support mediation or appeal preparation, with continuing work only where agreed.
This service may help where school does not support an appeal, you have been told to wait for a diagnosis, your child struggles despite SEN Support, or you feel overwhelmed by the evidence and deadlines.
Frequently asked questions
Do I need the school’s permission to appeal?
No. A parent can appeal even if the school disagrees. School records may still provide important evidence.
Can I appeal if my child is doing well academically?
Yes. Explain wider educational access, functional needs and the support required. Attainment alone does not settle the assessment question.
Does my child need a diagnosis?
No. The assessment test concerns SEN and whether provision through an EHCP may be necessary.
Must I attend a mediation meeting?
No. You normally need to contact the adviser and obtain a certificate for this appeal, but taking part in a meeting is your choice.
Which form do I use?
SEND35A is the form for a refusal to secure an EHC needs assessment. Use the current version and its accompanying instructions.
How long do I have to appeal?
The tribunal must normally receive it within two months of the decision-letter date or one month of the mediation-certificate date, whichever is later. Check your particular dates promptly.
What happens if I win?
The authority must carry out the assessment if ordered. This does not automatically guarantee that a final EHCP will be issued.
Can you attend the hearing?
Attendance, witness support or representation must be expressly included in the agreed scope. Please discuss what you need before booking.
Can you guarantee success?
No. Decisions belong to the local authority or tribunal. We help make the case clear, accurate and properly supported.
Is this service UK-wide?
This service concerns England’s EHCP and SEND Tribunal framework. Different systems apply in Wales, Scotland and Northern Ireland.
Important service information
School of Diversity provides SEND advocacy, document preparation, evidence review and practical appeal support. We cannot guarantee reconsideration or a successful appeal.
Unless expressly agreed otherwise, this is not representation by a solicitor or barrister or a substitute for regulated legal advice where required. The client agreement confirms scope. Parents and young people remain responsible for checking deadlines and forwarding correspondence promptly.
Further information: Section 36 assessment test and GOV.UK: appealing an EHC plan decision.
Get help understanding the refusal
Send us the decision letter, its date and your mediation position. We can review the reasons and explain the support available for your next step.