How to challenge an EHCP refusal step by step

Refusals are common. In 2024, local authorities refused 34.6% of first EHC needs assessment requests (DfE EHCP statistics 2025). They refuse to issue a plan after a significant share of completed assessments. They occasionally propose to cease existing plans. Parents win the overwhelming majority of appeals.

This guide covers the three most common refusals and the single appeal pathway that applies to all of them:

• Refusal to assess — the LA said no within six weeks of your request.
• 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.

Two deadlines run in parallel from the date of the decision letter:

• Two months from the date of the LA's decision letter to register an appeal with the tribunal.
• 30 days from the date on your mediation certificate to register an appeal — whichever date is later.

Use whichever is later, but plan for the earlier one. Our free deadline tracker counts these down automatically and emails reminders.

For refusal-to-assess and refusal-to-issue appeals you must contact a mediation adviser before you can register with the tribunal. The exemptions are narrow — appeals solely about the school named in Section I, or solely about ceasing a plan.

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. The mediation provider must issue your certificate within three working days.
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.
• Educational Psychologist reports — LA or independent.
• Speech and language, occupational therapy, physio, CAMHS letters.
• Diagnostic letters and clinic letters.
• Examples of your child's work, photos, short videos.
• A dated parental statement — your account in your own words.

For refusal cases the single most influential document is often an independent Educational Psychologist report. If you can afford one, it usually pays for itself. If you cannot, the LA's own EP report can still be quoted back at them.

Appeals are registered online through HM Courts and Tribunals Service. Search GOV.UK for "appeal a SEND decision". The historic name of the form is SEND35.

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). The deadlines are set by Regulation 44(2) of the SEND Regulations 2014 (legislation.gov.uk). Use our deadline tracker to keep them honest.

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. When the plan arrives, scrutinise Section F using our Section F guide.

If you lose, you can apply to the Upper Tribunal but only on a point of law — not because you disagree with the facts. The bar is high. Take free advice from IPSEA before launching an onward appeal.