We use cookies 🍪
We use essential cookies to keep you logged in. We also use analytics cookies to understand how parents use SEN Letters UK so we can improve it. Cookie Policy | Privacy Policy
A refusal to assess is not the end of the road. The local authority must give reasons, and parents have a legal right to challenge the decision. Most parents do not know this.
This guide explains the legal framework and what you need to know. When you are ready to write the actual letter, SEN Letters UK generates it for you.
Every year, thousands of parents in England request an EHC needs assessment for their child, and a significant proportion are refused. For many families, the refusal letter feels like a dead end. It is not. A refusal to assess is a decision that can be challenged, and the law gives parents a specific and well-established route for doing so.
Understanding why refusals happen, what the local authority is required to tell you, and what your options are is the key to turning a refusal into an assessment.
Under Section 36 of the Children and Families Act 2014, a local authority must carry out an EHC needs assessment if it considers that the child or young person may have special educational needs, and it may be necessary for special educational provision to be made through an EHC plan.
The threshold is deliberately low, the word used is "may", not "does" or "will". Despite this, many local authorities apply a higher standard than the law requires. Common reasons given for refusal include claims that the child is making adequate progress, that the school has not yet exhausted its own resources, or that the child's needs can be met from the school's existing SEN budget.
These reasons may or may not be valid. What matters is whether the local authority has applied the correct legal test, and in many cases, it has not.
When a local authority decides not to carry out an EHC needs assessment, it must notify the parent in writing within six weeks of the request. The notification must give reasons for the decision and must inform the parent of their right to appeal to the First-tier Tribunal (Special Educational Needs and Disability).
If the letter does not contain this information, the local authority has not met its legal obligations. Keep the letter, it forms the basis of any appeal.
Parents have the right to appeal a refusal to assess to the SEND Tribunal. Before lodging an appeal, you must contact a mediation adviser, this is a legal requirement for most types of appeal. The mediation adviser will explain the mediation process and issue a certificate. You do not have to go through mediation itself, but you must obtain the certificate.
The deadline for appealing is two months from the date of the refusal letter, or one month from the date of the mediation certificate, whichever is later.
The Tribunal is an independent body and is not part of the local authority. It looks at the evidence afresh and decides whether the legal test for assessment has been met. Tribunal statistics consistently show that the majority of appeals brought by parents are successful, which tells you something about the quality of many initial refusal decisions.
The most persuasive evidence for a Tribunal is evidence that shows a gap between what the child needs and what the school is currently able to provide. This includes school reports showing limited or no progress despite SEN Support being in place, professional assessments such as educational psychologist reports, speech and language therapy reports, or occupational therapy reports, evidence of the child's difficulties at home including their emotional wellbeing and behaviour, attendance records if these have been affected, and any correspondence with the school about unmet needs.
You do not need a diagnosis to request an assessment or to appeal a refusal. The legal test is about needs, not labels.
If the Tribunal orders the local authority to carry out an EHC needs assessment, the local authority must comply. The assessment process then follows the standard 20-week timeline. Winning the right to an assessment does not guarantee that an EHC plan will be issued at the end of it, but it does guarantee that the child's needs will be properly investigated.
The single most important thing to understand about an EHCP refusal is that it is a decision, not a verdict. It is the local authority's view, and that view can be tested by an independent body. Many parents accept refusals because they assume the local authority must be right, or because they do not know they can appeal. Now you know.
If your child's EHC needs assessment has been refused, SEN Letters UK can generate a professionally worded letter challenging the decision, citing the correct legal tests and structured to support your position whether you choose to escalate informally or proceed to Tribunal.
SEN Letters UK writes the letter for you, professionally worded, legally informed, tailored to your child's situation.
Preview free. Full letters from £4.99, credits never expire.
Get notified of new articles
We publish plain-English articles on SEN rights, EHCPs, and school support. No spam, just useful information when it's ready.
Found this useful?
Share it in your SEND Facebook group, another parent will thank you for it.
MORE GUIDES