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The council has refused an EHC needs assessment

A refusal to assess is a decision you can challenge. This page sets out what the letter should tell you, the route that follows, and what to gather in the meantime.

Timing

Estimated deadline

The Tribunal must receive the appeal within two months of the date on the decision letter, or one month from the date of the mediation certificate — whichever is later. Check the dates on your own letter.

Evidence to gather

  • The refusal letterIt carries the decision, the reasons given, and the date deadlines run from.
  • School records of support already triedThey show what has been put in place, over what period, and what changed as a result.
  • Reports from professionalsAnything written by health, education or therapy services about your child’s needs.
  • Your own dated notesWhat you asked for, when you asked, and what you were told each time.

The steps

  1. 1

    Read the letter for the decision and the date

    The letter should say what was decided, the reasons for it, and how to challenge it. The date on it is normally the date an appeal deadline runs from.

  2. 2

    Contact a mediation adviser

    For most SEND appeals you have to contact a mediation adviser before you can register one. Talking to them does not commit you to mediation; a certificate is issued either way.

  3. 3

    Register an appeal with the First-tier Tribunal (SEND)

    A refusal to carry out an EHC needs assessment is one of the decisions the Tribunal can consider. The Tribunal must receive the appeal within two months of the date on the decision letter, or one month from the date of the mediation certificate — whichever is later.

  4. 4

    Keep the school support going in the meantime

    A refusal does not stop the school from having to use its best endeavours to meet your child’s special educational needs. Ask what is being put in place now.

  5. 5

    Keep gathering evidence

    Reports, school records and your own dated notes can be added as things progress. What was tried, and what happened, matters as much as any single report.

Where this comes from3 sources

  • SEND code of practice: 0 to 25 years

    Department for Education and Department of Health and Social Care

    Last checked

  • The Special Educational Needs and Disability Regulations 2014

    Department for Education (SI 2014/1530)

    Last checked

  • First-tier Tribunal (Special Educational Needs and Disability)

    HM Courts & Tribunals Service

    Last checked

If you want it applied to your own case

The free check asks about your situation and returns a finding, the dates that apply, and one next step.

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