Refusal to Assess EHCP Appeal Support

13 August 2025

EHCP Refusal to Assess Appeal - Support & Advocacy




If Your EHCP Needs Assessment Request Has Been Refused, EHCP 4 Kids Can Help


If the Local Authority have refused a needs assessment for your child, you have the right to appeal that decision, and EHCP 4 Kids can guide you every step of the way. EHCP4Kids specialises in supporting families who are going through the Special Educational Needs system. When you know your child's needs are not being met at school, a refusal to assess can feel disheartening.


 How to Appeal a Refusal to Assess Decision


Step 1: Understand the reason for the Decision

The Local Authority has 6 weeks to decide whether to assess after you request an EHC needs assessment. If they refuse, they’ll send a written decision letter detailing their reasons why- the date on that letter starts the appeal clock.


Step 2: Check the Deadline

You must submit your appeal within:

  • 2 months from the date of the refusal letter, or
  • 1 month from the date of your mediation certificate. Whichever date is the latest.


Step 3: Get a Mediation Certificate

Before appealing a refusal to assess decision, you have to contact a mediation adviser.

You can then choose to either:

  • Attend mediation with the LA, or
  • Choose not to and receive a mediation certificate confirming you’ve declined. This certificate is mandatory to proceed with the appeal.


Step 4: Draft Your Grounds of Appeal

You will need to show:


  • Your child has (or may have) special educational needs
  • They may need support beyond what a mainstream school can provide without an EHCP

     We can help you gather:

  • School evidence
  • Reports from professionals (e.g. SENCO, Educational Psychologists)



Step 5: Complete the SEND35a Appeal Form

This is the form used to appeal a refusal to assess appeal. EHCP 4 Kids can  help you:


  • Fill in your SEND35a form
  • Write a strong Grounds of Appeal
  • Organise supporting evidence clearly


Step 6: Submit Your Appeal

Send your completed form, evidence, and mediation certificate to the SEND Tribunal.

Once submitted, you’ll get the case directions and timeline of the appeal.


Why Choose EHCP 4 Kids?

✔️ EHCP Appeal Specialists

✔️ Compassionate Advocacy & Lived Experience

✔️ Fast Response & Clear Communication

✔️ Affordable Fixed-Fee Packages

✔️ Excellent Success Rate


We take the stress out of the process by providing full representation.


Book Your 20 minute Consultation Today!


Our SEN experts will:


  • Listen to your situation
  • Explain your appeal options
  • Answer any questions




See What EHCP 4 Kids
Clients Have to Say About Us! 

Book a 20 Minute Call