Discovering that your local authority has turned down your request regarding an Education, Health and Care plan can be incredibly disheartening. Whether you have been knocked back at the very beginning with a refusal to carry out an ehc needs assessment, or the authority completed the assessment but issued a refusal to issue a final ehc plan, it is essential to know that you can challenge this decision.
At SEND Family Guidance UK, we assist parents in understanding their legal rights. A refusal is often just a standard hurdle in the process, and many families go on to successfully secure the necessary support through an appeal.
Understanding Your Decision Letter
The formal process begins the moment you receive the decision letter from your local authority. This letter is a crucial legal document. It must clearly outline the reasons for their choice and formally notify you of your right to appeal to the First‑tier Tribunal (Special Educational Needs and Disability).
The date on this letter is critical. You generally have a strict window of two months from the date of this letter to register your appeal.
The Two Types of Refusal Appeals
The argument you present to the tribunal depends entirely on which stage of the education health and care process you are challenging.
1. Refusal to Assess
This happens when the local authority declines to even look into your child’s needs. The legal test for an assessment is intentionally low. Under the Children and Families Act 2014, the authority must agree to an assessment if the child or young person has or may have special educational needs, and it may be necessary for provision to be made through an ehc plan. You only need to prove that there is a possibility that statutory support is required.
2. Refusal to Issue
This occurs after the local authority has completed the full ehc needs assessment, gathered professional advice, but concluded that an ehc plan is not necessary. They will usually argue that the school can meet your child’s needs using their standard, ordinarily available SEN support budget. To win this appeal, you must demonstrate that the special educational interventions your child requires are too intensive, complex, or expensive to be managed without the formal legal framework of a health and care plan.
Step 1: Navigating the Mediation Process
Before you can lodge either type of appeal with the tribunal, you are legally required to consider mediation. You must contact an independent mediation adviser (the contact details will be inside your decision letter) to discuss whether a meeting with the council could resolve the issue without going to court.
If you decide not to go ahead with a full mediation meeting, or if you attend one and it does not resolve the issue, you will be issued a mediation certificate. You cannot send your appeal form to the tribunal without this certificate. Once issued, you have at least one month from the date of the certificate to submit your appeal, even if the original two‑month deadline from your decision letter has passed.
Step 2: Building Your Case and Gathering Evidence
The tribunal is an independent panel that looks at the facts and the law, completely ignoring local council policies or funding shortages. To build a strong case to support your child, your bundle should focus heavily on objective documentation.
- Expert Reports: Gather any written advice from educational psychologists, speech and language therapists, or occupational therapists. Highlight any sections where an expert states that a specific intervention is essential.
- School Tracking Data: Request copies of your child’s individual education plans (IEPs) or provision maps. If the documents show that your child is falling behind despite the school putting in extra interventions, this is powerful proof that the current level of support is insufficient.
- The Child’s Voice: Include information about how the child or young person views their own difficulties. Their perspective on how hard they find the school day is a vital component of the evidence.
Submitting the Appeal
To register the appeal, you must complete the standard form (SEND35 for a refusal to issue, or SEND35a for a refusal to assess) and email it to the tribunal service. You must ensure you attach the decision letter, your signed mediation certificate, and your initial grounds of appeal. Keep your arguments focused strictly on the legal tests rather than emotional frustrations.
Conclusion: Trust the Legal Framework
The health and care ehc system can feel overwhelmingly bureaucratic, but the law is heavily weighted toward ensuring children and young people get the correct adjustments. Because the tribunal panel looks strictly at your child’s individual needs rather than a council’s budget limits, parental appeals have a very high success rate.
At SEND Family Guidance UK, we are here to help you unpack the jargon and stand firm. With a clear understanding of the timelines and a focus on solid professional evidence, you can confidently challenge an unfair decision and secure the formal framework your child needs to thrive in education.
