How to challenge an EHCP refusal step by step

Refusals are common. In the DfE's 2025 calendar-year data, councils decided not to proceed with an assessment for 43,300 requests: 26.6% of all requests received that year. A further 1.0% were withdrawn and some were still awaiting a decision at year end (read the DfE 2026 statistical release). That national figure does not predict the outcome of an individual request or appeal.

This guide covers three common decisions. The deadline and core tribunal framework are related, but the filing route, form and evidence depend on the decision:

• Refusal to assess — the LA decided not to carry out an EHC needs assessment. The normal decision period is six weeks, but a late refusal is still a refusal decision.
• Refusal to issue a plan after assessment — the assessment went ahead but the LA decided no plan was needed.
• Decision to cease an existing plan — the LA has notified you that they intend to end your child's EHCP.

The decision letter is the starting point for everything that follows. Check that it:

• States the date the decision was made.
• Names the legal test the LA applied (e.g. Section 36(8) of the Children and Families Act 2014 for refusal to assess).
• Gives reasons that engage with your evidence, not generic paragraphs.
• Identifies the mediation provider you should contact.
• Explains your right to appeal and the time limit.

If any of those are missing, that is a weakness in the LA's case. Reasons that are generic, that ignore your evidence, or that refer to budget rather than the legal test are particularly vulnerable on appeal.

Keep both possible appeal limits in view:

• Two calendar months from the date of the LA's decision letter.
• One month from the date on your mediation certificate — whichever limit is later.

Use whichever is later, but plan for the earlier one. Our free deadline tracker is paused for personalised dates and reminders. Use the official rules above and confirm an urgent filing date with an adviser.

You will usually need to contact a mediation adviser before registering an appeal. You do not have to take part in mediation, section 55 does not apply where the appeal concerns only the school or type of school named in Section I, or the fact that no school is named. Check the current official guidance for your appeal type.

Mediation steps:

1. Ring the mediation provider named in the LA's decision letter within two months.
2. Confirm in writing whether you want to take part in actual mediation or just receive the certificate.
3. If you tell the adviser you do not want mediation, regulation 34 requires the certificate within three working days of that notification, provided you contacted the adviser within the required two-month period. If mediation takes place, regulation 39 requires the certificate within three working days after it concludes. Other rules cover a council being unable to arrange mediation in time.
4. Attach the certificate to your tribunal appeal form.

Mediation itself is voluntary and free. It can be useful for understanding the LA's position before you appeal, but the mediator has no power to order changes — only the tribunal does.

The appeal is decided on evidence. Start gathering it the day you receive the decision letter, even if you have not decided whether to appeal yet. A useful bundle usually includes:

• School reports for the last two academic years.
• SEN Support plans, IEPs, pupil passports.
• Attendance and behaviour data.
• Any existing Educational Psychologist report, where it addresses the legal test.
• Speech and language, occupational therapy, physio, CAMHS letters.
• Relevant clinic or diagnostic letters, if you already have them.
• Examples of your child's work, photos, short videos.
• A dated parental statement — your account in your own words.

There is no requirement for a diagnosis or a private report. Use existing school, local authority, NHS and other professional evidence where it helps show how the legal test is met. Before paying for an extra report, get independent advice about whether it is needed, what question it should answer and whether existing evidence already covers that point.

The filing route is not identical for every appeal. If the council refused to carry out an EHC needs assessment, GOV.UK says you cannot use the online route. Complete form SEND35A and submit it by email or post. For a refusal to issue, plan-content or cease appeal, check the same official page and use the online service or the form it specifies. Children in custody have a different route.

Young people over compulsory school age: from the end of the school year in which they turn 16, the right to appeal usually belongs to the young person rather than the parent (Children and Families Act 2014, section 51), unless they lack capacity under the Mental Capacity Act 2005. GOV.UK has a separate young person's appeal page. A parent can still help or act as their representative.

You will need:

• Your child's name, date of birth and current school.
• The LA's decision letter.
• Your mediation certificate (where required).
• A short statement of exactly what you want the tribunal to order — e.g. "order the LA to carry out an EHC needs assessment".

Once registered, the tribunal sets a timetable of directions. The LA must send you their appeal pack(usually within 30 working days) containing their case statement and the evidence they intend to rely on.

Most hearings now happen by video and last half a day. They are deliberately informal — no robes, no standing up — and the panel is used to working with parents who are not lawyers.

Focus your preparation on:

• The legal test (Section 36(8) for refusal to assess; Section 37 for refusal to issue).
• A short opening — three sentences on what you want the tribunal to order and why.
• Three or four headline pieces of evidence you keep coming back to.
• A brief list of questions for the LA's witnesses.

For the full hearing walk-through — who is in the room, how the panel runs the day, what to expect afterwards — see our SEND Tribunal guide.

Refusals and delays often go together. If your council has also missed the 20-week statutory timetable, you can pursue both at the same time — appeal the decision through the tribunal, and complain about the delay through the LA's complaints procedure and the Local Government and Social Care Ombudsman.

See our companion guide: what happens if your council misses the 20-week EHCP deadline.

If the tribunal orders an assessment: the LA must notify you within 2 weeks that it will assess, and must issue the final EHCP within 14 weeks of the order (or notify you within 10 weeks that it will not issue a plan). These periods are subject to tribunal directions and the limited exceptions in regulation 44(3). The deadlines are set by Regulation 44(2) of the SEND Regulations 2014 (legislation.gov.uk). Use our deadline tracker for source-linked general guidance; personalised dates are currently paused.

If the tribunal orders the LA to make and maintain a plan, the LA must issue a draft plan within 5 weeks and the final plan within 11 weeks of the order, subject to the same directions and exceptions. When the plan arrives, scrutinise Section F using our Section F guide.

If you lose, an onward appeal requires permission and an alleged error of law. GOV.UK says to request permission within 28 days of the decision letter. Read that letter promptly for review or setting-aside options and seek specialist advice.