What Happens If an EHC Needs Assessment Is Refused? A Guide for Parents and Carers

About this guide

This guide is for parents and carers who have asked their local authority for an EHC needs assessment and have been told that the authority will not carry one out. It is written for the moment just after that letter arrives, when it can be hard to know what the decision actually means or what to do next.

The law and guidance described here apply to England. Scotland, Wales and Northern Ireland operate different systems.

This guide concerns primarily one specific decision: a refusal to carry out an EHC needs assessment. Other decisions — such as a refusal to issue a plan after an assessment, or a disagreement about what a plan says — are different decisions, and are distinguished below. If you have not yet made a request, our guide How to request an EHC needs assessment covers that stage.

What does it mean if an EHC needs assessment is refused?

A refusal to carry out an EHC needs assessment means the local authority has considered your request and has formed the view that the legal conditions for carrying out an assessment are not met at this point in time. It is a decision about whether to gather formal, coordinated advice — not a final ruling on your child's needs.

Under section 36 of the Children and Families Act 2014, the local authority must decide, within six weeks of receiving a request, whether to secure an EHC needs assessment, and must notify the child's parent or the young person of its decision. Where the answer is no, it must give its reasons.

It is worth reading the decision as an answer to a fairly narrow question. It does not remove any support your child is already receiving, and it does not prevent a future request.

The legal test the local authority has to apply

Section 36(8) of the Children and Families Act 2014 requires a local authority to secure an EHC needs assessment where, having regard to the request and any other relevant information, it is of the opinion that:

• the child or young person has or may have special educational needs; and
• it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.

Both limbs are framed in terms of what may be the case. The question at this stage is whether the statutory conditions for carrying out an assessment are met — not whether it has already been established that an EHC plan is necessary. Those are two different decisions, taken at different points, with different tests.

The SEND Code of Practice (chapter 9) also states that local authorities should not apply blanket policies — for example, requiring a particular diagnosis, a set number of terms at SEN Support, or a specific level of attainment — when deciding whether to assess. Each request must be considered on its own facts.

Why might a local authority decide not to carry out an assessment?

Reasons vary, but decision letters commonly refer to one or more of the following:

• a view that the child's needs can be met from the resources normally available to the setting, through SEN Support;
• a view that the evidence provided does not yet show that provision may need to be made in accordance with a plan;
• a view that support already in place has not yet been given time to show its effect, or has not been reviewed;
• gaps in the information available to the authority — for example, limited evidence from the setting about what has been tried and what happened;
• a view that needs are being addressed through another route, such as a health or care service.

Some of these reasons are about the child. Others are really about the information in front of the decision maker. That distinction matters, because it points to different next steps.

What should the local authority tell parents about the decision?

When a local authority decides not to carry out an EHC needs assessment, it must notify the child's parent or the young person of that decision and of the reasons for it. In line with section 51 and section 55 of the Children and Families Act 2014 and chapter 11 of the SEND Code of Practice, the notification should also tell you:

• that you have a right of appeal to the First-tier Tribunal (Special Educational Needs and Disability), and the time limit for doing so;
• about the requirement to contact a mediation adviser before registering most appeals, and how to do that;
• about the availability of information, advice and support — including your local Information, Advice and Support (IAS) Service — and about disagreement resolution services.

If your letter does not contain reasons, or does not explain your appeal and mediation rights, it is reasonable to ask the local authority for that information in writing.

What information should parents look at when considering the decision?

Before deciding anything, it helps to gather and read the following calmly, ideally in one sitting:

• the decision letter itself, including the date on it and the reasons given;
• the list of information the authority says it considered — and whether anything significant is missing;
• the setting's SEN Support records: what has been put in place, over what period, and what changed as a result;
• any reports from professionals already involved, such as speech and language therapy, paediatrics, CAMHS, an educational psychologist or an advisory teacher;
• your own record of what you see at home, including things the setting may not observe.

Reading the reasons against the evidence usually clarifies whether the disagreement is about the facts, about the interpretation of the facts, or about the legal test that has been applied.

How does the decision relate to SEN Support?

SEN Support is the graduated approach described in chapter 6 of the SEND Code of Practice: settings identify needs, plan and put support in place, review its impact and refine it, in a repeating cycle of assess, plan, do, review. It is the day-to-day mechanism through which most children with SEN are supported, and it does not depend on an EHC plan.

An EHC needs assessment is a separate statutory process, carried out by the local authority, which may or may not lead to an EHC plan. The two sit within the same framework and can run alongside each other; a child can continue to receive SEN Support whether or not an assessment takes place.

Our guide to support in school and how it should work explains the graduated approach in practical terms.

A refusal is not the same as saying your child's needs do not exist

This sentence is frequently offered as reassurance, and it is worth explaining carefully rather than leaving it as a slogan.

The decision the local authority has taken is about whether the conditions for carrying out an assessment are met. A decision not to assess is therefore not a finding that your child has no special educational needs, and it is not a clinical or educational judgement about how your child is getting on.

Equally, it should not be read the other way round. A refusal does not establish that a plan would have been appropriate, and it does not confirm that your view of your child's needs is legally correct. It is one decision, taken on the information available at one point in time, which you may accept, ask to be reconsidered, or appeal.

Does a refusal mean that an EHCP can never be issued?

No. A refusal to assess relates to the request that was made and the information that was available. It does not bar a future request, and it does not prevent an EHC plan from being issued later if a subsequent assessment shows one is necessary.

If a later assessment does take place, our guides on what happens during an EHC needs assessment and what should be included in an EHCP set out what to expect.

Which decision are you actually challenging?

People often talk about 'an EHCP appeal' as though it were a single process. It is not. The following are distinct decisions, taken at different stages, and it matters which one you have received:

1. Refusal to carry out an EHC needs assessment. The authority has decided not to assess at all. This is the decision this guide is about.
2. Refusal to issue an EHC plan after an assessment. The authority has assessed, and then concluded that special educational provision does not need to be made through a plan. The assessment evidence exists in this situation; it does not in the first.
3. Disagreement about the contents of an EHC plan. A plan has been issued or amended, and the dispute is about the description of needs, the outcomes or the specified provision — typically Sections B, F and, for health and care, the related sections.
4. Disagreement about the educational placement. A plan has been issued or amended and the dispute concerns the school or other institution named in it, or the type of setting.

Each of these appears in the list of appealable decisions in section 51 of the Children and Families Act 2014, but they are separate matters, they arise at different points, and the tribunal is being asked a different question in each case. Combining them leads to confusion about deadlines and about what evidence is relevant.

Can parents challenge the decision?

Yes. In broad terms there are three routes, and they are not mutually exclusive:

• asking the local authority to look again, usually by providing information that was missing or clarifying what has already been tried;
• using disagreement resolution or mediation services, which are free to parents and arranged by the local authority;
• appealing to the First-tier Tribunal (Special Educational Needs and Disability).

Asking the authority to reconsider does not, by itself, extend the time limit for appealing. If you are pursuing both, keep the appeal deadline firmly in view.

What is an appeal, and what can the tribunal consider?

An appeal is a case decided by the First-tier Tribunal (Special Educational Needs and Disability), an independent tribunal administered by HM Courts & Tribunals Service. It is not part of the local authority, and it is free to appeal.

Where the appeal is against a refusal to secure an EHC needs assessment, the tribunal considers whether the statutory conditions for an assessment are met, based on the evidence before it — which may include information that has come to light since the original decision. If it allows the appeal, the outcome is that the local authority must carry out an assessment. It is not a decision that a plan must be issued; that question is decided after the assessment.

The tribunal deals with the decisions listed in section 51 of the Children and Families Act 2014. It is not a route for complaints about how a local authority has behaved, delays in general, or how a school has treated your child; those are dealt with through complaints procedures, the Local Government and Social Care Ombudsman, or, for disability discrimination, a separate tribunal claim.

Is mediation required?

Under section 55 of the Children and Families Act 2014, before registering most SEND appeals you must first contact a mediation adviser and obtain information about mediation. That is a requirement to consider mediation, not a requirement to take part in it.

Mediation is free to parents, arranged by the local authority, and confidential. Some families find it resolves matters quickly, particularly where the disagreement is about information or timing. Others prefer to move directly to appeal. Both are legitimate choices.

There is a limited exception: where the appeal concerns only the school or other institution named in a plan, or the type of institution, or the fact that no institution is named, the mediation step does not apply. That exception is not relevant to a refusal to assess.

What is a mediation certificate?

A mediation certificate is issued by the mediation adviser or mediator. It confirms either that you have received information about mediation and do not wish to pursue it, or that mediation has taken place and has concluded.

The tribunal will normally require the certificate before it registers an appeal in cases where the mediation step applies. Keep the certificate safe and note the date on it, because that date can affect your deadline.

What are the relevant appeal timescales?

In general terms, an appeal must be made within two months of the date on which the local authority sent notice of its decision, or within one month of the date on a mediation certificate, whichever is the later. Because the mediation step comes first, the certificate date can extend the time available — but it does not shorten the two-month period.

The tribunal has a discretion to admit a late appeal in some circumstances, but that discretion cannot be relied on and should never be treated as an extension.

What happens after an appeal is lodged?

In outline, and recognising that individual cases vary: the tribunal registers the appeal and sends both parties a timetable of directions; the local authority provides its response; both sides submit evidence by the dates set; and the appeal is decided, usually at a hearing that parents can attend and speak at. Many appeals against a refusal to assess are conceded by the local authority before a hearing takes place.

Current procedural detail, forms and timescales are published by HM Courts & Tribunals Service on GOV.UK and should be checked at the time you appeal.

Can the local authority reconsider its decision?

A local authority can look again at a request, particularly where further information is provided or where the original decision rested on gaps in the evidence. This is not a formal statutory review process, so there is no fixed timescale for it, and it runs alongside rather than instead of your appeal rights.

In practice, the most useful additional information is usually specific: what has been tried, for how long, with what frequency and staffing, and what measurable difference it made. General descriptions of difficulty tend to be less persuasive than a clear record of the graduated approach in action.

What happens if circumstances change?

Circumstances change, and the SEND framework expects them to. A new professional report, a significant change in your child's presentation, a move to a new phase of education, or a period in which SEN Support has been implemented properly and has still not been enough, are all relevant developments.

Where that happens, the position is not governed by the earlier refusal. It is governed by the current picture of your child's needs and the provision required to meet them.

Can a further EHC needs assessment be requested in the future?

Yes. A parent or young person can make a further request, and the local authority must apply the same statutory test to it.

There is one qualification in the Children and Families Act 2014: a local authority is not required to secure a further EHC needs assessment where one has been carried out within the previous six months, although it may choose to do so. Note that this concerns an assessment that was actually carried out. Where a request was refused and no assessment took place, that qualification does not apply in the same way — but if you are in any doubt about your position, take advice before relying on this.

What should parents do when they receive a refusal?

There is rarely a need to respond the same day. A measured sequence works better:

1. Note the date on the decision letter and write your appeal deadline somewhere you will see it.
2. Read the reasons carefully and identify whether they turn on the evidence, the interpretation, or the legal test.
3. Contact your local Information, Advice and Support Service, which is free, impartial and confidential.
4. Ask the setting for a meeting to review current SEN Support, separately from the assessment question.
5. Decide, without pressure, whether to ask the authority to reconsider, to contact a mediation adviser, or to do both.

Keeping the two threads separate — support now, and the assessment decision — usually reduces the strain on everyone, including your relationship with the school.

How can parents ask the school or SENCO for further support?

Most schools want the same outcome you do, and a refusal to assess is not a reason to change the tone of that relationship. A short, focused meeting with the class teacher and SENCO usually achieves more than lengthy correspondence.

Useful things to agree at that meeting include:

• what the current support consists of, in concrete terms — who, what, how often, for how long;
• what the intended outcomes are, and how progress towards them will be measured;
• when the next review will take place, and who will attend;
• whether any further advice is needed from an outside professional, and who would request it;
• how information will be shared between home and school between reviews.

Our pages for parents thinking about an EHCP and general support for parents and carers cover this ground in more detail.

What evidence or information may help parents understand their child's needs?

There is no statutory list of evidence a parent must provide, and you are not required to obtain private assessments. What tends to help is information that is specific, dated and shows change over time:

• SEN Support plans and review records from the setting, showing cycles of assess, plan, do and review;
• attainment and progress data, and any information about the gap between your child and expectations for their age;
• attendance patterns, and any record of periods of part-time timetable or absence linked to need;
• reports from professionals already involved, including health services;
• your own observations at home, including presentation after school, sleep, self-care and the impact on family life;
• your child's own views, in whatever form they can give them.

Where health needs are part of the picture, it can help to bring the education and health accounts together rather than presenting them separately.

What should parents do while they are challenging a refusal?

A challenge can take some months. During that period, the practical priorities are usually:

• keep SEN Support under active review — it should not pause because a challenge is under way;
• keep a simple, dated record of what is put in place and what happens;
• keep correspondence brief, factual and in writing where it matters;
• attend reviews and keep the relationship with the setting workable;
• look after yourself and the rest of the family — this is a long system, and pacing matters.

Practical checklist after receiving a refusal

1. Record the date on the decision letter.
2. Note the reasons given, in your own words.
3. Check that the letter explains your appeal rights and the mediation step.
4. Write down your appeal deadline, and check it against the letter and current official tribunal guidance.
5. Contact your local Information, Advice and Support Service.
6. Gather the SEN Support records and any professional reports.
7. Ask the setting for a review meeting about current support.
8. Decide whether to ask the authority to reconsider.
9. Contact a mediation adviser if you are considering an appeal.
10. Keep the mediation certificate and note its date.
11. Lodge the appeal within the time limit if you decide to proceed.
12. Keep a running file of everything, in date order.

Questions parents may wish to ask school or the local authority

Questions for the local authority

• Which information did you consider when reaching this decision?
• Which part of the statutory test did you conclude was not met, and why?
• Would you reconsider if further information were provided, and what would be most useful?
• Who is the mediation adviser for this area, and how do I contact them?
• What is the deadline for appealing this particular decision?

Questions for the school or SENCO

• What support is currently in place, and how often does it happen?
• What has been tried previously, and what was the effect?
• How is progress towards outcomes being measured?
• When is the next review, and can I see the records beforehand?
• Is there any further advice the school can seek from outside professionals?

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Where to get further help

Every local authority area in England has an Information, Advice and Support (IAS) Service offering free, impartial and confidential advice to parents, carers and young people on SEND matters, including assessment decisions, mediation and appeals. National charities also provide advice lines.

If you would like to talk through where you are, our support for families with an EHCP in place and our resources for parents and carers may help, and you are welcome to get in touch.

Further official information

• GOV.UK — Children with special educational needs and disabilities (SEND)
• GOV.UK — Appeal an education, health and care (EHC) plan decision (including mediation)
• GOV.UK — First-tier Tribunal (Special Educational Needs and Disability)
• GOV.UK — SEND Code of Practice: 0 to 25 years
• Children and Families Act 2014, Part 3
• The Special Educational Needs and Disability Regulations 2014

Law and guidance can change. This guide was last reviewed in September 2026 and reflects the position in England at that time.