What can I do if the council refuses to assess my child for an EHCP?

Short answer

Appeal to the SEND Tribunal — refusal-to-assess appeals usually succeed. The legal test is only whether your child “has or may have” special educational needs and “may need” provision through a plan, which is a low bar. You have two months from the date of the refusal letter.

Refusal to assess is the first of three points at which a council can say no, and it is the one most often overturned. Around a quarter of assessment requests are refused at this first hurdle — yet roughly 95% of SEND Tribunal appeals succeed in whole or in part, and many councils concede before the hearing.

The council has probably applied the wrong test

Under section 36(8) of the Children and Families Act 2014 the council must consider whether the child "has or may have" special educational needs and whether they "may need" special educational provision through an EHC plan. The bar is deliberately low. Refusal letters routinely misstate it — saying your child does not "need" a plan, or that their needs "can be met from the school's ordinarily available resources". The legal question is whether they may need one, not whether the school has already tried. Read the letter against that wording; a misapplied test is the backbone of a strong appeal.

The appeal route and the clock

Contact the council's mediation provider within days. Its details are in the decision letter. You do not have to mediate, but you need a mediation certificate to register the appeal, and it must be obtained within 30 days of contacting the provider. Many councils concede at this stage.
Lodge with the First-tier Tribunal (SEND) within two months of the decision letter, or one month from the end of mediation if that is later. The Tribunal applies the deadline strictly, and there is no fee — see our guide to the SEND Tribunal.
Expect a hearing four to six months after lodging, before a judge sitting with two specialist members. The Tribunal can direct the council to carry out the assessment.

Build the evidence now: school SEN records and intervention logs, a SENCO or class teacher statement, any educational psychology, speech and language or occupational therapy reports, paediatric or CAMHS letters, and your own detailed account of what your child cannot do safely and reliably from day to day. Recent, independent, detailed evidence carries the most weight — an independent educational psychologist report typically costs £800–£1,500.

If you win, the statutory timetable runs to 20 weeks from your request to a final plan. Free, legally based advice is available from IPSEA (ipsea.org.uk), SOS!SEN and your local SENDIASS.

Read the full guide: EHCP Refusals and Re-Assessment: Sections A-K and How to ChallengeCovers eligibility, the process, deadlines, and next steps in depth.

Related guides

EHCP Refusals and Re-Assessment: Sections A-K and How to Challenge

Local authorities refuse around 25% of EHCP assessment requests at the first hurdle and around 20% after assessment. The Children and Families Act 2014 framework gives parents strong appeal rights — about 95% of SENDIST appeals are decided in the parents' favour. This guide explains each section of the EHC plan, the grounds councils use to refuse, and how to challenge effectively.

11 min

Education, Health and Care Plans (EHCPs)

An Education, Health and Care Plan (EHCP) is a legal document for children and young people aged 0–25 with significant special educational needs and disabilities (SEND). It describes the child's needs and the support that must be provided — and it is legally binding.

6 min

SEND Tribunal: Appealing EHC Plan Decisions

The First-tier Tribunal (Special Educational Needs and Disability), known as the SEND Tribunal, hears appeals against decisions made by Local Authorities about Education, Health and Care (EHC) plans. This guide explains what decisions can be appealed, the strict 2-month time limit, the appeal process, and your rights as a parent or young person.

8 min

SEN Support in Mainstream Schools

Every child with special educational needs or a disability (SEND) in England is entitled to support in school. The law requires schools to make reasonable adjustments and to follow a graduated approach to identifying and meeting individual needs, with or without an Education, Health and Care Plan.