Assessed, but refused an EHCP?

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

Confirm the decision stage

A refusal to issue happens after an EHC needs assessment. The local authority (LA) has considered the assessment evidence but decided not to make a plan. An assessment does not guarantee an EHCP. If the LA has not assessed your child at all, start with refusal-to-assess support.

A refusal to issue must normally be notified within 16 weeks of the original assessment request, subject to statutory exceptions. If a plan is issued, the normal final-plan deadline is 20 weeks. IPSEA explains these process timings; they are not predictions of how long an appeal will take.

Is a plan necessary?

At this stage, section 37(1) of the Children and Families Act 2014 applies. The question is whether it is necessary for special educational provision to be made in accordance with an EHC plan. The earlier assessment-stage “may be necessary” test is not the final issue-stage test.

Consider all the assessment advice together and whether your child will receive the special educational provision they need without a plan. A diagnosis alone does not settle that question. Nor does a general statement that the school has a SEN budget. The IPSEA issuance guidance explains why assessed needs must be considered alongside provision.

Assessment advice versus available provision

EHCP refusal to issue help starts with needs-to-provision evidence. Gather the LA decision letter, advice obtained during assessment and current school support plan. For each relevant need, identify the recommended provision, what the school says is available and evidence of what is actually delivered.

Record gaps and disagreements accurately. Keep a professional's recommendation distinct from your own observations or questions; do not attribute a recommendation they did not make.

A clear comparison may identify missing advice, uncertainty about provision or a disagreement about whether a plan is necessary. Sometimes clarifying delivery arrangements with school is more useful than immediately commissioning another report.

Use the refusal-to-issue appeal route

For a refusal after assessment, the form for an appeal by post or email is normally SEND35, except where a different custody form applies. An online route may be available. Follow the current official submission instructions, including the decision letter, mediation certificate, reasons and relevant evidence. Keep copies and follow the tribunal's directions.

If the LA has issued an EHCP but you disagree with its wording or named school, that is not a refusal-to-issue appeal. If an existing plan specifies provision but it is not delivered, the responsibility and remedy are different again. See help with school SEN support, plan wording and missing provision and ask which route matches your situation.

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 issue

£175 Initial Consultation: one recent decision document

Provide one recent decision 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. This is not a full review of all assessment advice, a clinical assessment or a representation service. You can discuss whether wider work would be useful without committing to it.

£1,600 LA Decision Appeal Package: wider assessed-evidence review

Where suitable, agree review of assessment advice, 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 a plan or 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.