Your Local Authority has said no. Here's exactly what to do next — your legal rights, the appeal process, timescales, and how to build a case that wins.
A refusal from your Local Authority (LA) is not a final decision. The Children and Families Act 2014 gives every parent in England the right to challenge an EHCP refusal through the First-tier Tribunal (Special Educational Needs and Disability) — commonly known as the SEND Tribunal or SENDIST. This right cannot be taken away from you, regardless of what the LA says in their letter.
Many parents never appeal, either because they don't know they can or because the process feels intimidating. But the data tells a striking story: the overwhelming majority of parents who do appeal win. Your refusal letter is the beginning of a process, not the end of one.
There are two distinct types of EHCP refusal, and it is important to know which one you have received — because both carry the same right of appeal, but the arguments you will need to make are slightly different.
This happens when you — or the school — have requested that the LA carries out an Education, Health and Care needs assessment, and the LA has decided not to. Their letter will typically say something like: "We have considered your request and do not consider it necessary to carry out an EHC needs assessment."
The LA must notify you of this decision within six weeks of the initial request. You have the right to appeal this refusal to the SEND Tribunal.
This happens after the LA has completed an EHC needs assessment — they have gathered reports from professionals, reviewed the evidence — but then decided that an EHCP is not necessary. Their letter will say that your child's needs can be met through existing support in school without a plan.
Again, you have the full right to challenge this decision at tribunal.
Section 51 of the Children and Families Act 2014 establishes your statutory right of appeal to the First-tier Tribunal. This right applies when the LA:
The tribunal is independent of the Local Authority. It is not a court, but its decisions are legally binding. The LA must comply with tribunal orders. This is an important protection for families — no matter how powerful or well-resourced your LA appears, the tribunal can and does overrule them regularly.
Important: The right of appeal under Section 51 applies only in England. Parents in Wales have a separate process through the Special Educational Needs Tribunal for Wales (SENTW).
When you receive an EHCP refusal letter, a clock starts ticking. You have two months from the date of the LA's decision letter — or one month from the date of your mediation certificate (whichever is later) — to lodge your appeal with the SEND Tribunal.
Missing this deadline can mean losing your right to appeal that particular decision entirely. You would have to either restart the request process from scratch or wait for the next annual review.
The moment you receive a refusal letter, note the date at the top and count forward two months. Put that date in your diary in bold. Then start the process immediately — do not wait to see if the LA will change their mind informally.
Before you can lodge an appeal with the SEND Tribunal, the law requires that you first contact an approved mediation adviser. This is a mandatory step — the tribunal will not accept your appeal without a mediation certificate, and you will not receive a certificate until you have contacted a mediation service.
However — and this is critical — you do not have to attend mediation. You only need to contact the mediation adviser and inform them that you do not wish to pursue mediation at this time. They will then issue you a certificate, usually within three working days, which you attach to your tribunal appeal form.
To find an approved mediation adviser, you can search the Ministry of Justice's list of Family Mediation Council members, or ask your LA's SEND team for a list of approved providers in your area.
Many parents are put off by the word "mediation" — it sounds like you are agreeing to negotiate away your rights. You are not. You are simply going through a procedural step that the law requires before you can access the tribunal. It costs you nothing and delays your appeal by only a few days.
Once you have your mediation certificate, you can submit your appeal to the First-tier Tribunal (SEND). Appeals are submitted online through the HM Courts and Tribunals Service (HMCTS) online portal at appeals.sendist.gov.uk, or by post using form SEND35.
Your appeal form should include:
You will receive an acknowledgement from the tribunal, followed by a case reference number and directions about next steps. The LA will then be notified of your appeal and given a deadline to submit their response (known as the "case statement").
From the date of your appeal being registered, tribunal hearings are typically listed within 22 to 26 weeks — meaning the whole process from appeal to hearing is usually around five to six months. Plan accordingly.
The single most important factor in winning an EHCP tribunal appeal is the quality and volume of your evidence. The tribunal makes its decision based on the evidence in front of it. A well-evidenced case is almost always a winning case.
Gather every professional report that speaks to your child's needs. This includes:
If you do not have recent professional reports, now is the time to commission them. A private educational psychologist report typically costs £800–£1,500 but can be decisive. The tribunal gives significant weight to independent professional opinion.
Request the following from your child's school in writing:
Gather diagnosis letters, clinic letters, and any correspondence from health professionals that describes your child's condition and how it affects their learning and daily functioning. Hospital letters, GP correspondence, and therapy session notes all count as evidence.
Do not underestimate the power of a well-written parental statement. The tribunal wants to understand the impact of your child's needs on their daily life, their emotional wellbeing, and their ability to access education. Write it in plain language, be specific, and use examples from real incidents and observations.
The SEND Tribunal applies a straightforward legal test: does this child have special educational needs, and if so, is it necessary for the LA to determine what special educational provision should be made through an EHCP?
When building your written case, focus on three things:
You must demonstrate that your child has special educational needs — needs that cannot be met through ordinary SEN support in school. Use professional reports to quantify the gap: what is their reading age compared to their chronological age? What does the EP report say about their cognitive profile? What does the SALT report say about their communication needs?
You must show that the provision currently being made — or that could be made without an EHCP — is insufficient to meet your child's needs. Use school data to show that despite support being in place, progress is not occurring. An EHCP is needed precisely because school-based support alone is not working.
An EHCP is not just a list of needs — it is a legal document that specifies the exact provision your child must receive, making the LA legally responsible for ensuring it is delivered. Argue that your child's needs are complex enough to require this level of specificity and accountability, which school-based SEN support alone cannot provide.
SEND Tribunal hearings are less formal than court proceedings, but they are still a formal legal process. You will appear before a panel of usually three members: a legally qualified judge and two specialist members (typically an educational psychologist and a special educational needs expert).
The hearing usually lasts between two and four hours. Both sides will have the opportunity to present their evidence, question witnesses, and make submissions. The LA will typically be represented by a lawyer or a senior SEN officer. You are entitled to bring a representative or supporter — this might be a SEND consultant, a solicitor, or a trusted friend who understands the case.
The panel will ask questions — of you, of any witnesses, and sometimes of the LA's representative. They are trying to understand your child's needs as clearly as possible. Answer honestly and specifically. Bring your original documents in case they are needed on the day.
A decision is usually issued in writing within ten working days of the hearing. If the tribunal rules in your favour, the LA has a legal obligation to carry out the tribunal's order — to conduct the assessment, or to issue the EHCP.
That figure is not a fluke. It reflects a consistent pattern over many years. Local Authorities often refuse EHCPs without adequate justification, knowing that most parents will not appeal. Those who do appeal — especially those who come prepared with strong evidence — win the majority of the time. You should not be intimidated by the process. The odds are in your favour.
Running a SEND Tribunal appeal while parenting a child with complex needs is genuinely demanding. The paperwork is considerable, the legal framework can feel opaque, and the emotional toll is real. SEND Navigate was built specifically to support families through this process.
Stephen Mallett brings 25 years of experience as a Headteacher and SENCo — he has sat on the other side of this process and knows exactly how Local Authorities build their cases. As a SEND parent himself, he also understands what families are going through. SEND Navigate offers:
Both services begin with a free 15-minute call to understand your situation and confirm how we can help. There is no obligation to proceed, and no jargon — just straight-talking guidance from someone who knows the system from the inside.
Tell us about your refusal. We'll tell you exactly where you stand and what to do next — at no cost and with no pressure.
Book Your Free CallNo. The majority of SEND Tribunal appeals are brought by parents representing themselves, often with the support of a SEND consultant or a charity like IPSEA or SOS!SEN. Solicitors can be helpful, particularly in complex cases, but they are not required and can be expensive. A well-prepared case with strong evidence is far more important than legal representation.
If you have missed the deadline, contact the tribunal as soon as possible. The tribunal has discretion to accept late appeals where there is a good reason for the delay. You will need to explain in writing why your appeal is late. If the deadline has passed, you may also consider resubmitting the original EHCP request to the LA and starting the process again — especially if you now have stronger evidence than you had before.
Yes. The right to request an EHC needs assessment and to appeal a refusal belongs to the parent (or the young person if aged 16–25). Schools can request assessments, but they cannot block a parent's right to request one or to appeal. If the school is not supportive, focus on gathering independent professional evidence that speaks clearly to your child's needs.
A refusal to issue an EHCP is not the only appealable decision. If the LA issues a plan but you believe it inadequately describes your child's needs, names the wrong school, or fails to specify appropriate provision, you can also appeal those specific elements under Section 51. The same tribunal process applies, with the same deadlines. This is actually one of the most common types of SEND Tribunal appeal.
From the date of your appeal being registered to the hearing day is typically 22–26 weeks (around five to six months). After the hearing, the written decision usually arrives within ten working days. Including the time to gather evidence and prepare your case, you should plan for a total process of around seven to eight months from the date you receive the LA's refusal letter. This is why acting promptly from the moment you receive the refusal is so important.
Stephen Mallett offers direct advisory support for families — from EHCP applications through to full tribunal preparation. Initial consultation from £160.
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