A refusal is not a dead end. In 2024, parents won over 96% of SEND tribunal cases that went to a hearing. The local authority knows this. A firm, well-evidenced appeal changes the conversation.
Why do local authorities refuse?
Local authorities refuse EHCP requests for a small number of reasons. Most come down to one claim: that the school can meet your child's needs from its existing resources.
This is often wrong. And it is often wrong in ways you can challenge.
Common refusal reasons you will see in writing:
- "The school can meet your child's needs through SEN Support"
- "There is insufficient evidence of need"
- "Your child is making adequate progress"
- "A needs assessment is not necessary at this time"
None of these are final. Each one can be appealed.
What you receive when they refuse
The local authority must write to you within 16 weeks of your original request. The refusal letter must include their reasons and information about your right to appeal.
Read the reasons carefully. The specific wording matters because your appeal needs to address each point directly.
Your right to appeal
You have the right to appeal to the Special Educational Needs and Disability Tribunal, known as SENDIST or SEND Tribunal. You do not need a solicitor to do this. Many parents appeal successfully without legal representation.
You must register your appeal within two months of the date on the refusal letter. Do not wait.
Steps to take after a refusal
Read the refusal letter carefully
Note the exact reasons given. These are what you need to counter. If the reasons are vague, you can write back and ask for clarification before you appeal.
Request mediation information
Before you can appeal to the Tribunal, the local authority must give you information about mediation. You do not have to use mediation, but you do need a certificate confirming you have been offered it. This is a legal requirement before you can appeal.
Gather stronger evidence
Look at what you submitted with your original request. What is missing? New reports, updated school evidence, a letter from a GP or specialist, or a detailed account of your child's daily struggles can all strengthen your case.
Register your appeal
You appeal through the HM Courts and Tribunals Service website. You will need your mediation certificate and the refusal letter. The process is online and does not require legal language.
Contact IPSEA or SOS SEN for free support
IPSEA and SOS SEN both offer free advice to parents appealing EHCP decisions. Their helplines and resources are specifically for this situation. Use them.
What happens at the Tribunal?
A SEND Tribunal hearing is less formal than a court. A panel of three people, including a legally qualified judge, will hear from you and from the local authority. You present your evidence and explain why your child needs an EHCP.
Most families who reach a hearing win. Many cases are also resolved before the hearing date, with the local authority agreeing to assess after receiving the appeal paperwork.
You do not have to stop pushing in the meantime. While your appeal is in progress, keep requesting school meetings, keep a diary of your child's difficulties, and keep every piece of written communication from the local authority and school.
If you decide not to appeal
You can reapply for an EHCP assessment at any time if your child's needs change or if you have new evidence. A refusal from six months ago does not prevent you from submitting a fresh request with stronger evidence today.
Build a stronger case from the start
The EHCP Preparation Toolkit helps you gather the right evidence, write a clear parental statement, and understand the process before you apply or reapply. Designed for England. Plain English throughout.
Get the EHCP Preparation Toolkit