You asked the Local Authority to assess your child. The letter came back: no.
First, take a breath. A refusal is not the end. It is a decision you can challenge, and the law is firmly on your side. This guide walks you through what a refusal means, the deadline you must not miss, and the practical steps to put your case back on track.
This is information, not legal advice. For free, expert advice on your situation, contact IPSEA or your local SENDIASS (the free Special Educational Needs and Disability Information, Advice and Support Service).
You are not alone, and a refusal is common
If the Local Authority has said no, you are in very large company. In 2025, Local Authorities in England received 162,702 requests for an EHC needs assessment (the formal check the Local Authority does to see what support your child needs). They decided not to proceed with an assessment in 26.6% of those cases. That is more than one in four requests turned down at the first stage.
Source: gov.uk, Explore Education Statistics, Education, health and care plans (released 25 June 2026, data for 2025). Checked 26 June 2026.
A refusal does not mean your child does not have needs. It means the Local Authority, on the paperwork in front of it, decided not to assess. That decision can be wrong, and it can be challenged.
Not sure where your child stands or what rights you have right now? Our free SEND Rights Quiz gives you a clear, plain-English picture in a few minutes.
What a refusal to assess actually is
There are two common “no” decisions, and it helps to know which one you have:
- Refusal to assess. The Local Authority decides not to carry out an EHC needs assessment at all. This is the decision this guide is mainly about.
- Refusal to issue a plan. The Local Authority did assess, but then decided not to issue an EHC plan.
Both carry a right of appeal. Your decision letter should say clearly which one it is, give the reasons, and tell you about your right to appeal and the time limit. If the letter is vague on the reasons, that is worth noting; clear reasons are part of what the Local Authority is meant to give you.
You have the right to appeal to the SEND Tribunal
This is the most important thing to know. A refusal to carry out an EHC needs assessment carries a legal right of appeal to the First-tier Tribunal (Special Educational Needs and Disability), usually called the SEND Tribunal. It is independent of the Local Authority.
You do not need a solicitor to appeal. Many parents appeal a refusal to assess themselves, and these appeals are usually decided on the written papers, without you having to attend a hearing.
Source: gov.uk, Appeal an EHC plan decision; sendandyou.org.uk, SEND35A guide. Checked 14 June 2026.
The deadline: do not let this slip
This is the part to write down today.
You must send your appeal to the Tribunal:
- within 2 months of the date on the Local Authority’s decision letter, or
- within 1 month of the date on your mediation certificate (more on that below),
whichever is later.
Source: rule 20 of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008, on legislation.gov.uk; IPSEA. Checked 14 June 2026.
In plain terms: the clock starts on the date of your decision letter. Going through mediation can give you a little extra time, but do not assume it always does. Note both dates as soon as you have them, and aim to appeal well before the limit.
Mediation and the mediation certificate
In most cases, before you can appeal you have to consider mediation. You do not have to go through with it. You just have to contact a mediation adviser first and get a mediation certificate, which is the document the Tribunal needs to see.
Here is how it works:
- Your decision letter will tell you how to contact a mediation service.
- You contact the mediation adviser within the appeal period.
- You either take part in mediation, or you tell the adviser you do not want to.
- Either way, the adviser issues you a mediation certificate.
Important points:
- Mediation is free for parents and young people, and considering it does not affect your right to appeal.
- You can use mediation to try to get the Local Authority to change its mind without a hearing. Sometimes it works. Sometimes it does not, and you appeal anyway.
- If you do not have a certificate, you can still lodge your appeal, but you must tell the Tribunal why. Without an explanation, your papers can be sent back unregistered.
Source: gov.uk, Appeal an EHC plan decision (before you appeal); SENDIASS. Checked 14 June 2026.
How to strengthen your case (whether you appeal or ask again)
A refusal often comes down to evidence: the Local Authority says it has not seen enough to show your child needs more than the school can already provide. So your job is to fix that gap.
Whether you are appealing, or putting in a fresh, stronger request, gather:
- A short covering summary. A page that says who your child is, what the difficulties are, and why ordinary school support is not enough. Lead with the impact on your child, not the diagnosis.
- School evidence. Reports from the SENCO (the school’s special needs coordinator), the SEN support plan, any “assess, plan, do, review” records, attendance data, and examples of support already tried and how it went.
- Professional reports. Anything from an educational psychologist, paediatrician, speech and language therapist, occupational therapist, CAMHS, or your GP. Recent and specific is best.
- Your own record. A simple diary of incidents, meltdowns, missed days, sleep, or anything that shows the day-to-day reality.
- Evidence of progress (or the lack of it). If support has been in place but your child is still falling behind or struggling, say so plainly and show it.
When you write, link the evidence to the legal test in your own words: your child appears to have special educational needs, and it may be necessary for special educational provision to be made through an EHC plan. Keep it calm and factual. You do not need legal language. You need a clear, honest picture.
For a free, step-by-step framework on building and presenting your evidence, see The SCOPE, our free guide that helps you understand your rights and put them to work.
The encouraging part: appeals usually succeed
Here is the figure that surprises most parents. In 2024/25, of the SEND appeals that were decided, 99% were decided in favour of the appellant (the parent), the same proportion as the year before.
Source: gov.uk, Tribunal Statistics Quarterly (July to September 2025), SEND section. Checked 14 June 2026.
Read that carefully. It does not mean every appeal will win, and it does not promise an outcome in your case. Some appeals are conceded by the Local Authority before a decision, and every case turns on its own facts. But it does tell you something powerful: when parents stand their ground and bring good evidence, the Tribunal very often agrees with them. Many Local Authorities settle once they see a properly prepared appeal land.
So if the refusal feels final, it is not. The system expects parents to push back, and it overwhelmingly finds in their favour when they do.
Your next steps, in order
- Read the decision letter. Note the date and the reasons.
- Diarise the deadline. Two months from that date, at the latest.
- Contact the mediation adviser named in the letter, and get your certificate.
- Gather your evidence using the checklist above.
- Get free advice from IPSEA or your local SENDIASS before you lodge.
- Lodge your appeal using the Tribunal’s SEND35A form (the form for a refusal to secure an EHC needs assessment), found on gov.uk.
Where to get free expert help
- IPSEA (ipsea.org.uk): free, independent legally based advice on SEND, with detailed guides and a refusal-to-assess pack.
- Your local SENDIASS: free, impartial advice and support, including help with appeals.
- gov.uk: the official appeal pages and the forms you will need.
You do not have to navigate this alone, and you do not have to pay to get it right.
Frequently asked questions
How common is it for a Local Authority to refuse an EHCP assessment?
It is common. In 2025, Local Authorities in England decided not to proceed with an assessment in 26.6% of the 162,702 requests they received, more than one in four. A refusal is a frequent first response, not a final verdict. (Source: gov.uk, Education, health and care plans, released 25 June 2026, checked 26 June 2026.)
Can I appeal a refusal to assess?
Yes. A refusal to carry out an EHC needs assessment carries a right of appeal to the SEND Tribunal, which is independent of the Local Authority. You do not need a solicitor, and refusal-to-assess appeals are usually decided on the written papers without a hearing.
What is the deadline to appeal?
You must appeal within 2 months of the date on the Local Authority’s decision letter, or within 1 month of the date on your mediation certificate, whichever is later. Note both dates and aim to lodge early. (Source: legislation.gov.uk, rule 20, and IPSEA, checked 14 June 2026.)
Do I have to go to mediation before I appeal?
In most cases you have to consider it, not complete it. You contact a mediation adviser and get a mediation certificate, which the Tribunal needs to see. Mediation is free and does not affect your right to appeal. If you do not have a certificate, you can still appeal but must tell the Tribunal why.
What are my chances at the Tribunal?
The picture is encouraging. In 2024/25, 99% of SEND appeals that were decided went in the appellant’s favour, the same as the year before. This is not a guarantee in any individual case, but it shows that well-prepared appeals very often succeed. (Source: gov.uk, Tribunal Statistics Quarterly, checked 14 June 2026.)
Take the first step today
A refusal letter is the start of a process, not the end of the road. The law gives you a clear right to appeal, a workable deadline, free help to lean on, and a Tribunal that overwhelmingly sides with parents who bring good evidence.
Start by knowing exactly where you stand. Take our free SEND Rights Quiz for a plain-English read on your rights and your best next move. If you want the bigger picture on what is changing in the system, our 2026 SEND Briefing keeps you straight on what is proposal and what is still law. And when you are ready to find someone in your corner, browse our Find an Expert directory.
You have got this. One step at a time.