EHCP Refused: What to Do Next

Your child's EHCP request has been refused. Perhaps they refused to even carry out a needs assessment. Perhaps they assessed but decided not to issue a plan. Either way, you feel like you have hit a wall — and the local authority's letter probably makes it sound very final.

It is not final. A refusal is the beginning of a process, not the end of one. Parents who challenge EHCP refusals win their appeals in 95–99% of cases. That is not because the SEND tribunal is lenient — it is because LAs routinely refuse cases where the law clearly supports the family.

What exactly has been refused?

There are two distinct refusals in the EHCP process, and they have different timelines and implications:

Refusal to carry out an EHC needs assessment. The LA has received your request and decided within six weeks that they will not assess your child. This is appealable to the SEND tribunal.

Refusal to issue an EHCP following assessment. The LA carried out the assessment but decided your child does not meet the threshold for a plan. This is also appealable.

Both types of refusal must be given in writing with reasons. Both carry a two-month deadline to appeal to the SEND tribunal.

Why do LAs refuse?

Local authorities operate under extreme financial pressure. In 2026, the government wrote off £5.6 billion of accumulated LA SEND deficits — which gives some indication of how stretched the system is. Refusals are not always made because the legal threshold hasn't been met; they are sometimes made because demand is high and resources are low.

Common stated reasons for refusal include: existing SEN Support is sufficient, the school has not demonstrated it has exhausted its own resources, there is insufficient evidence, or the needs can be met without an EHCP. Each of these can be challenged.

The legal test (s.36 CFA 2014) is not whether existing support is being provided — it is whether it may be necessary for provision to be made through an EHCP. "May be necessary" is a low threshold. If there is any reasonable possibility that the child's needs cannot be met without an EHCP, the LA should assess.

What are your rights when refused?

Under s.51 of the Children and Families Act 2014, you have the right to appeal a refusal to the First-tier Tribunal (SEND) — known as the SEND tribunal — within two months of the decision, or one month from the date of the Mediation Certificate, whichever is later.

Before appealing, you must obtain a Mediation Certificate. This sounds more complex than it is: you contact a mediation provider, tell them you want to appeal, and they issue the certificate — usually within a few days. You are not required to attend mediation, only to consider it.

You can also make a formal complaint to the Local Government and Social Care Ombudsman (LGSCO) if you believe the LA has acted unlawfully or with maladministration, but this is a slower route and runs separately from the appeal.

What to do immediately after a refusal

First, note the date. The two-month clock starts from the date of the decision letter, not the date you received it. Request a copy of the decision in writing if you don't have one.

Second, request the reasons in full. The LA must give written reasons. If the letter is vague, write back and ask them to specify which legal threshold they believe has not been met and what evidence they considered.

Third, gather evidence. The appeal to tribunal will succeed or fail on evidence. Get reports from every professional involved with your child — educational psychologist, speech therapist, OT, paediatrician, CAMHS, their school SENCo. If you don't have recent professional reports, request them now. Tribunal timelines mean you have several months — use that time.

Fourth, write a formal request for reconsideration to the LA. This is not a legal step, but many LAs will overturn a refusal when faced with a well-constructed challenge — particularly one that demonstrates you understand the legal test and are prepared to go to tribunal.

What happens at tribunal?

SEND tribunal hearings are relatively informal by court standards. There is a panel of three: a legally qualified judge and two specialist members with SEND expertise. Parents can represent themselves — many do, and many win.

The hearing considers the evidence and hears from both sides. The LA will present their reasons. You will present your evidence and challenge their position. The tribunal will issue a decision, typically within two weeks of the hearing.

95–99% of parents who go to tribunal win at least part of their case. Many LAs concede before the hearing date once they see the full evidence bundle.

How Pathway supports you through a refusal

Pathway by WeaveONE was built partly in response to how difficult it is to navigate a refusal without specialist support. The Application Pack tier includes tools to help you write a formal challenge to the LA, structure your evidence, and understand where the LA's stated reasons are legally weak.

The Full Journey tier adds tribunal preparation tools, case strength analysis, witness statement guidance, and access to the Ask AI feature — a specialist SEND legal assistant grounded in the actual text of the Children and Families Act 2014 and SEND Code of Practice. It can answer specific legal questions about your situation in plain English, with full legal analysis alongside it.

WeaveONE's platform also supports the therapists and school staff working with your child to produce reports that are structured for EHCP and tribunal use — so when professional evidence is needed, it is already in the right format.