The journey toward securing an education health and care plan is often long and emotionally taxing. For many families, receiving a formal decision letter stating that the local authority has turned down their request can be a confusing and deeply upsetting experience. It is important to look at the legal mechanics behind why these decisions are made. A refusal is common and is often based on a strict or restrictive interpretation of the law by the council.
At SEND Family Guidance UK, we believe that understanding the specific legal reasons behind a refusal is the first step toward a successful appeal or a stronger reapplication. There are two distinct stages in the process where a refusal typically occurs: the refusal to assess and the refusal to issue.
1. The Refusal to Carry Out an EHC Needs Assessment
Before a care plan ehcp can be written, the local authority (LA) must first agree to carry out an ehc needs assessment. This is the initial formal information gathering stage where the council looks at the child’s circumstances.
When an la refused an initial assessment, it is usually because they do not believe the child or young person meets the legal threshold. Under Section 36(8) of the Children and Families Act 2014, the legal test for an assessment is intentionally set low. The local authority must secure an assessment if:
- The child has or may have special educational needs.
- It may be necessary for special educational provision to be made in accordance with an EHC plan.
If the council believes the school can meet the child’s needs using its standard, ordinarily available school funding (which typically covers the first £6,000 of extra support per year), they will decline the request. LAs often argue that the school hasn’t exhausted all its internal resources, even if a child is visibly falling behind.
2. The Refusal to Issue an EHCP After Assessment
The second type of refusal happens after the full ehc needs assessment has actually been completed. In this scenario, the council has agreed that an investigation was necessary and has spent weeks gathering professional advice from teachers, doctors, and educational psychologists. However, when looking at the results, they make a formal refusal to issue an ehcp.
Under Section 37 of the families act 2014, an la must issue a plan if the assessment results demonstrate that the child’s needs require support that goes beyond what a mainstream setting can provide from its own standard budget. If the assessment shows that the child needs highly specialist interventions, 1:1 adult support, or costly external therapies, the law dictates that a plan must be written.
Common reasons an LA will give for a refusal at this stage include:
The Support is Already Working
The council may argue that the professional advice shows the child is making “adequate progress” precisely because the school is already successfully providing adjustments through standard SEN Support. They will claim that since the current setup is working, a formal, legally binding health and care plan is not necessary to secure that support.
Lack of Clear Academic Deficits
If a child is maintaining average grades, the council will frequently refuse to issue a plan. This is a common point of contention. The law states that a health and care ehc plan should cover social, emotional, and physical development, as well as mental health. LAs often focus narrowly on academic performance and overlook high levels of anxiety, school avoidance, or social vulnerability.
Short-Term or Changing Needs
Sometimes, the council decides that the child’s difficulties are temporary or linked to a specific developmental phase. They will argue that the needs can be managed through a short term intervention rather than a long term, statutory document.
3. The Refusal to Maintain a Plan
A third type of refusal occurs when a child already has an existing health and care plan, but the council decides at an Annual Review that it is no longer necessary to maintain the plan. This is legally known as “ceasing to maintain.”
This often happens when a young person finishes a specific stage of education, turns 16, or if the council believes the child has “caught up” with their peers due to the support they received. To challenge this, you must show that the special educational provision is still required to help the young person achieve their remaining outcomes or to prepare them for independent adult life.
Evaluating the Evidence in Light of the Assessment
When a council issues a refusal after an assessment, they must make that decision in light of an ehc assessment’s full findings. They are legally required to look at all the compiled professional advice.
However, councils sometimes downplay or selectively read certain reports. For example, an educational psychologist might state that a child needs a quiet, distraction free workstation and a highly structured environment, but the council might conclude that a standard classroom with a visual timetable is enough. Identifying these gaps between the professional recommendations and the council’s conclusions is vital for building a case to show that an ehc plan is prepared and finalised properly.
Moving Forward: Challenging the Decision
If you receive a decision letter stating that your request has been turned down, it is important to remember that this is a hurdle, not a dead end. The law provides clear mechanisms to challenge the council’s view.
You have the right to look at the professional advice gathered during the assessment and argue that the secure that an ehc plan criteria have been met. If the evidence shows that the child cannot access their education safely or effectively without continuous extra funding, the independent SEND Tribunal will look at the legal tests rather than local council budget constraints.
Conclusion: Trust the Legal Standards
The statutory framework is designed to ensure that when an ehc plan is prepared for a child, it accurately reflects their true needs. While councils are under immense financial pressure which often leads them to set an artificially high bar for who gets a plan the law remains focused entirely on the individual child.
At SEND Family Guidance UK, we know that a refusal can feel like a personal rejection of your child’s challenges. By focusing on the facts, using the professional advice to your advantage, and sticking strictly to the legal thresholds set out in the Children and Families Act, you can confidently challenge a refusal and advocate for the formal support your child is legally entitled to.
