EHCP Refused: What to Do If Your Local Authority Says No

Having your EHCP request refused is one of the most frustrating experiences a parent can face. You know your child needs support. You have gathered evidence. And the local authority has said no. It is important to know that a refusal is not the end of the road — you have legal rights, and many families successfully challenge these decisions.

This post is part of our complete EHCP guide. Go back to the previous step — The EHCP Assessment Process and Timeline — or return to the beginning with What is an EHCP?

When Can the Local Authority Refuse?

There are two points at which the local authority can refuse: after your initial request (they refuse to carry out an EHC needs assessment at all), or after the assessment (they carry out the assessment but decide not to issue an EHCP). In both cases, they must write to explain their reasoning and inform you of your right to appeal.

Step 1: Ask for Their Reasons in Writing

If you have not already received a written explanation, ask for one. Understanding their reasoning helps you build your challenge. Common reasons for refusal include: the child is making adequate progress with existing SEN support; the existing provision is sufficient to meet the child’s needs; or the needs do not meet the threshold for an EHCP. These decisions are often subjective and can be challenged with stronger evidence.

Step 2: Request Mediation

Before you can appeal to the SEND Tribunal, you must first consider mediation — a meeting with an independent mediator where you and the local authority discuss the decision. Mediation is not compulsory but you must contact a mediation adviser first and obtain a certificate confirming you have considered it. Without this certificate, the Tribunal will not accept your appeal. You have 2 months from the date of the decision letter to register your appeal. Mediation can be quicker and less stressful than a full Tribunal hearing, and some local authorities change their decision at this stage — especially if you come with stronger evidence.

Step 3: Strengthen Your Evidence

Private assessments are your most powerful tool. An independent report from an educational psychologist, speech and language therapist, or occupational therapist often carries significant weight. Unlike the local authority’s own EP who may have spent an hour with your child, a private specialist you commission can spend more time and write a more detailed report tailored to their specific needs. You can find verified, HCPC and BPS-registered specialists on The SEND List.

Also gather: updated school information including recent progress data and a SENCO statement; a detailed personal parental statement about what a typical day looks like and how needs affect family life; and supporting letters from any professionals involved in your child’s care.

Step 4: Appeal to the SEND Tribunal

If mediation does not resolve the dispute, you can appeal to the First-tier Tribunal (Special Educational Needs and Disability) — commonly called SENDIST or the SEND Tribunal. The Tribunal is independent of the local authority and has the power to order them to carry out an assessment or issue an EHCP. Statistics consistently show that the majority of SEND Tribunal appeals are decided in favour of families — in 2024/25, over 90% of cases that reached a hearing were won by parents.

To register an appeal: contact a mediation adviser and obtain your certificate (or confirm you are going straight to appeal); complete the appeal form on GOV.UK; submit within 2 months of the local authority’s decision letter. You do not need a lawyer to appeal, though specialist SEND solicitors and advocates can help. Your local SENDIASS service can provide free support in preparing your case.

Common Mistakes to Avoid

Missing the 2-month deadline. The clock starts from the date of the decision letter. If you are close to the deadline and still gathering evidence, register the appeal anyway — you can add evidence later. Accepting the decision without reading it carefully. If the decision letter does not include a proper explanation or does not mention your right to appeal, it may be challengeable on those grounds. Going it alone. SENDIASS is free and can help you navigate the appeal process.

Summary

• You can challenge a refusal at two points: after the initial request and after the assessment
• Contact a mediation adviser within 2 months — you need a certificate before the Tribunal will accept your appeal
• Strengthen your evidence with private assessments, updated school reports, and a detailed parental statement
• If mediation fails, appeal to the SEND Tribunal — the majority of families who appeal win
• Your local SENDIASS provides free support throughout

Next in this series: Which Specialists Can Support Your EHCP →

Previous in this series: ← The EHCP Assessment Process and Timeline

This guide is for informational purposes only and does not constitute legal advice. For case-specific support, contact your local SENDIASS or a specialist SEND solicitor.

Need a private specialist report to support your case? Find verified SEND specialists on The SEND List →