Local authority refuses to issue an EHCP after assessment — what next?

What the refusal means

The local authority has completed an EHC needs assessment but decided that it is not necessary for special educational provision to be made through an EHC plan. It must notify the parent or young person of that decision and provide information about appeal rights, time limits and mediation.

This is different from a refusal to carry out an EHC needs assessment. The evidence is therefore usually broader because the assessment process should already have produced professional advice about needs and provision.

What to do today

1. Save the decision letter and note its date.
2. Read the reasons the authority gives for refusing to make a plan.
3. Request or organise the complete assessment evidence if you do not already have it.
4. Contact the mediation adviser promptly so you understand the certificate process.
5. Mark the Tribunal deadline in your calendar before doing anything else.

The appeal deadline

For a parent appeal, GOV.UK states that the Tribunal must normally receive the appeal within two months of the date on the local authority’s decision letter or one month from the date of the mediation certificate, whichever is later. Always check the current rules and your own decision letter.

What evidence is most useful?

Focus on the legal and practical question raised by the refusal: whether the child or young person needs special educational provision to be made through an EHC plan. Organise evidence around needs, the provision required, what has already been tried, and why support without a plan is not sufficient or reliable.

• The local authority’s decision and reasons.
• Educational psychology, health, therapy and social-care advice from the assessment.
• School records showing support already provided and progress over time.
• Attendance, exclusion or reduced-timetable information where relevant.
• Your own concise chronology and examples of unmet need.
• The child or young person’s views.

Mediation and appeal

In most cases you must at least contact a mediation adviser before appealing. You do not have to agree to a mediation meeting, but you generally need a mediation certificate before lodging the appeal. The decision letter should identify the mediation service.

If you appeal, explain what decision you want the Tribunal to make and why. Do not simply submit every document you hold without structure: a short chronology and an evidence list can make the case easier to follow.

Who can help

Your local SEND Information, Advice and Support Service (SENDIASS) can provide free information and support. Specialist SEND organisations or a solicitor may also help where the issues are complex. The Tribunal itself can provide procedural guidance but not legal advice.