Finding out that the local authority has refused your request to carry out an Education, Health and Care (EHC) needs assessment can feel incredibly isolating. You have likely spent months gathering examples of your child’s difficulties, only to receive a letter turning you down.
At SEND Family Guidance UK, we want to reassure you that this is one of the most common hurdles in the SEND journey. Local authorities frequently turn down initial requests, but the law is very clear about the threshold for an assessment, and parents have strong rights to challenge these decisions successfully.
Understanding the Legal Test
When a local authority considers a request for an ehc needs assessment, they must follow the legal framework set out in Section 36(8) of the Children and Families Act 2014. The law states that the authority must carry out an assessment if:
- The child or young person has or may have special educational needs (SEN).
- It may be necessary for special educational provision to be made for them in accordance with an EHC plan.
The key word here is “may.” This is intentionally a very low legal threshold. It is not up to you to prove definitively at this stage that your child needs a full EHCP; you only need to show that they might need one. If your child is struggling to make progress despite the school putting extra support in place, this threshold is generally met.
Step 1: The Mediation Process
Before you can officially lodge an appeal to the send tribunal, you are legally required to consider mediation. You must contact the independent mediation service listed in your refusal letter for a brief discussion.
You do not have to go ahead with a full mediation meeting if you do not want to. If you choose not to, or if you attend a meeting and the council refuses to change their mind, you will be issued a mediation certificate. This certificate is your “ticket” to the tribunal.
You must register your appeal within two months of the date on your original refusal letter, or within one month of the date on your mediation certificate, whichever date is later.
Step 2: Preparing Your Appeal to the SEND Tribunal
Once you have your certificate, you can register your appeal using the standard SEND35a form. Because a refusal to assess focuses purely on whether an assessment is needed, the tribunal process is usually paper based, meaning a panel will look at your written evidence rather than requiring you to attend a full, formal hearing.
To build a robust case for the tribunal, your evidence should focus on proving that your child may have unmet needs that require a higher level of statutory investigation:
- School Reports and Provision Maps: Show what the school has already tried. If the school has used their standard SEN budget to provide extra reading groups or social skills interventions, but your child’s tracking data shows they are still falling behind, this is vital proof.
- External Professional Advice: Include any letters or reports from speech and language therapists, paediatricians, or private educational psychologists. Even brief progress notes can show that a child’s needs are complex.
- Attendance and Behaviour Records: If your child is frequently missing school due to anxiety, or if their behaviour logs show an increase in incidents, this demonstrates that their emotional or social needs are impacting their education.
Moving Forward with Confidence
It is highly encouraging to know that the vast majority of parental appeals regarding a refusal to assess are registered in favour of the parents. This is because the independent tribunal panel looks strictly at the low legal threshold of the law, completely ignoring local council budget policies or blanket rules.
At SEND Family Guidance UK, we are here to help you stand firm against an unfair refusal. By understanding your rights, securing your mediation certificate promptly, and focusing your arguments on what your child may need, you can confidently take control of the process and ensure your child gets the formal assessment they are legally entitled to.
