In the realm of special education, an Education, Health, and Care Plan (EHCP) is important to ensure children with special educational needs receive support. However, obtaining an EHCP can be challenging, with Refusal to Assess being one of the most common appeals we come across. Below, we will guide you through the necessary steps to handle a refusal to assess appeal, empowering you to effectively advocate for your child's educational needs.

The first step is to acknowledge the refusal to assess decision and understand the reasons behind it. The local authority may have specific concerns about your child's eligibility or believe that existing SEND support in their current setting is adequate. By grasping their perspective, you can better prepare your response. You have 2 months to appeal from the date on the decision letter or 1 month from the date on the mediation certificate. You use whichever date falls later.

Remember, at this stage, you only have to prove if your child may have special educational needs and why an EHCP may be necessary.

Contact the local authority to seek clarification on the reasons for the refusal. This can help you gain a deeper insight into their decision-making process and address any misunderstandings promptly.

Gather evidence
Compile a comprehensive collection of evidence highlighting your child's special educational needs and why an EHCP assessment is necessary. This evidence could include reports from medical professionals, educational assessments, and reports/statements from your child's teachers.

Reach out for support if you need it.  EHCP 4 Kids can support you by advocating on your behalf and drafting your grounds of appeal.

You may consider mediation as a first step before you appeal to the Special Educational Needs and Disability Tribunal. The form you need to fill out for a refusal to assess case is called a SEND 35a which can be found on the gov.uk website Be sure to have obtained a mediation certificate before lodging the appeal.

Remain Persistent

Throughout this journey, persistence is key. Continue advocating for your child's needs and working with professionals and the Local Authority. Your dedication can significantly impact the outcome.