Help after an EHC needs assessment is refused

By Stephen Mallett, former Headteacher and SENCo · Updated 3 November 2026

School objection or a formal LA refusal?

A school saying it will not support a request is not the same as the local authority (LA) issuing a formal refusal. A parent can request an EHC needs assessment directly without the school's agreement. A written LA decision refusing assessment carries a right of appeal. IPSEA explains assessment requests and the legal test.

The LA must normally decide whether to assess within six weeks of receiving the request, subject to statutory exceptions. If you are still waiting for a decision, describe that separately rather than treating silence as a refusal letter.

The assessment-stage test: “may be necessary”

Under section 36(8) of the Children and Families Act 2014, the LA must assess if your child has or may have special educational needs and it may be necessary for special educational provision to be made through an EHC plan. You are asking for an assessment to understand needs and provision, not proving in advance that a final EHCP must be issued.

A fixed academic gap, a particular number of terms of SEN Support or a school spending threshold cannot replace that legal test. A diagnosis or privately commissioned report is not a prerequisite for requesting an assessment. Existing evidence still matters: it should describe the needs, their impact and why provision through an EHC plan may be necessary.

Refusal letter and assessment evidence

For EHCP refusal to assess appeal help, start with the reason in the decision letter. Useful assessment evidence includes school SEN Support plans, progress and attendance information, professional reports already available and your own specific observations. Connect the evidence to the assessment-stage test rather than collecting the largest possible bundle.

For difficulties with current school support, see SEN Support without an EHCP. That concern can inform the evidence, but it is not itself the LA's assessment decision.

Use the refusal-to-assess appeal route

The form for a refusal-to-assess appeal is SEND35A, except where a different custody form applies. The current GOV.UK submission instructions say that refusal-to-assess appeals cannot be submitted through the online appeal service; use the postal or email route. Include the decision letter, mediation certificate and relevant reasons and evidence as instructed. Keep copies and follow the tribunal's directions, including whether there will be a hearing.

If assessment is ordered, that does not automatically mean an EHCP will be issued. If your child has already been assessed and the LA has refused a plan, use the refusal-to-issue help page instead.

Check appeal deadlines while you decide

The tribunal must normally receive your appeal within two calendar months from the date of the LA decision letter or one month from the date of the mediation certificate, whichever is later. See the official deadline and submission guidance.

For a refusal appeal, you normally need to contact a mediation adviser, consider mediation and obtain a certificate. Attending mediation is optional. If you decline it, contact the mediation service for the certificate, as GOV.UK explains. IPSEA's certificate guidance explains the requirement to contact the adviser within two months of the decision letter.

A conversation with the LA, a school complaint or booking a consultation does not pause the appeal deadline. If it is close, follow the official instructions and seek prompt advice. If you are late, ask about permission for a late appeal; acceptance is not automatic.

Optional paid help with a refusal to assess

£175 Initial Consultation: one recent document

Provide one recent refusal letter or other agreed recent document for pre-reading. The paid Initial Consultation includes a 60-minute video or telephone call and written next steps, with up to 3.5 hours of professional time in total. Agree the document and questions first. It is not a full evidence-bundle audit, clinical assessment or representation service. You can discuss whether a wider review would help, without committing to it.

£1,600 LA Decision Appeal Package: wider decision and evidence review

Where suitable, agree review of the LA decision records and relevant existing evidence. The published package includes a written analysis document, an evidence summary covering strengths and risks, drafted appeal grounds, and mediation preparation/support within the agreed scope, with up to 32 hours of professional time. Confirm the document limits, questions, written deliverables and process stage before commissioning it.

This is separate from the £175 consultation. It does not automatically include tribunal representation or a new specialist assessment, and it cannot guarantee assessment, a plan or an appeal outcome. Stephen is not a solicitor. Specialist legal issues or urgent proceedings may need a regulated legal adviser.

See all paid service outputs, included time and fees. Paid work starts only after scope, time and fee are agreed. Additional work requires prior written agreement. Neither a free call nor a book purchase is required before a paid enquiry.

For one general SEND question, you can optionally use Ask an Expert. It is not a document review or an urgent deadline service.

About Stephen Mallett

Stephen spent 25 years working in and leading schools as a teacher, SENCo and Headteacher. He is also the parent of two children with SEN and the founder of SEND Navigate. His educational consultancy brings school-system experience to practical questions about evidence and next steps. Read more about Stephen.

Questions parents ask

Sources and free advice

This page concerns the SEND system in England. You can get free information and support from IPSEA and your local SENDIASS. Paying a consultant is not a condition of exercising your appeal rights.

• IPSEA: assessment requests and the legal test
• IPSEA: when an EHC plan must be issued
• GOV.UK: appeal deadlines, forms and submission instructions
• IPSEA: mediation consideration and certificates

For a decision-stage overview, read our EHCP-refusal appeal guide. Prefer to read first? The Parent’s Shield is an optional EHCP resource, not a requirement before contacting Stephen.