Your EHCP has been refused: a step-by-step plan for what happens next

The three things the LA might have refused

Refusal isn't one thing. Different refusals have different routes.

The other piece worth knowing: since 2018, the SEND Tribunal has had extended powers to make non-binding recommendations on the health and social care sections (C, D, G, H) of an EHCP alongside the binding decisions on education. This is worth using where appropriate.

The statutory deadlines (and why they matter today)

Two months is the headline number. Several other dates are critical. Get them in your calendar today.

The deadline framework (under SEND Regulations 2014 and Tribunal Procedure Rules):

1. 2 months from the date on the LA decision letter to register your appeal with the SEND Tribunal. This is the hard deadline.
2. You also need a mediation certificate. To get this, you have to contact the mediation provider the LA gave you (in England, the contracted provider is usually Global Mediation). You do not have to attend mediation. You only have to consider it. The certificate is usually emailed within 3 working days of your call.
3. Once you have the mediation certificate, you have one month from the certificate date or 2 months from the decision letter, whichever is later, to register your appeal.

What the refusal letter actually means

The LA letter is written in a register that obscures the decision. Translation is part of the work.

Common phrases in refusal letters, and what they really mean:

• “The needs of the child can be met from within the school's existing resources.” The LA is saying SEN Support is enough. The legal test is whether ordinary provision is enough; if you can show it isn't, the refusal fails.
• “There is insufficient evidence to suggest special educational provision may be necessary.” The LA is saying they haven't seen enough. The answer is to show them the evidence on appeal.
• “The school has not exhausted the graduated approach.” Sometimes a legitimate point. Often used as a holding answer. The graduated approach is not a precondition to assessment; it is one piece of evidence among several.
• “The child is making expected progress.” Misreads the test. The test is not academic progress alone; it includes social, emotional, health and communication needs.
• “A diagnosis is not a requirement for SEN Support / EHCP.” True, and being used the other way around (to imply a diagnosis won't help). It will. Diagnoses strengthen evidence.

The legal threshold for refusal to assess (s.36 of the CFA 2014) is low: the LA must agree to assess if the child “may” have special educational needs, and if provision “may be necessary.” “May” is the operative word. The case law is consistent: this is a low bar, easily met.

The mediation question

Most parents skip mediation as a substantive process and use it only to get the certificate. There are reasons to consider it more seriously in some cases.

Mediation, in this context, is a structured meeting (now usually online) between you and the LA, facilitated by a neutral mediator. It is free. You can take a SENDIASS adviser or other supporter. The LA usually sends a senior officer plus another representative.

When mediation is worth doing substantively:

• The case is borderline; a settlement could be reached.
• You want to test the LA's reasoning before tribunal.
• Specific elements of a plan are in dispute and could be agreed without going to tribunal.

When it is fine to take the certificate and skip:

• The LA refusal is clearly wrong and you intend to appeal either way.
• You have already been in protracted dispute and trust is low.
• You are within tight deadlines and need to register the appeal.

Either way, ring the mediation provider promptly. The certificate has to be issued before you can register the appeal, and the deadline doesn't pause while you wait.

Building the appeal evidence

Tribunal cases are won on evidence, not on argument. Most parents underestimate this and overweight what they remember.

The evidence the Tribunal will look for:

1. Written evidence of the child's needs. School reports, SENDCO records, diagnostic reports, specialist letters (EP, paediatrician, OT, SaLT), CAMHS letters. Request copies of everything; you have the right to your child's school file and NHS records.
2. Evidence of what the school is currently providing. The SEN Information Report, the graduated-approach records (assess-plan-do-review cycles), any provision map.
3. Evidence that current provision is not sufficient. Reports of recent meltdowns, missed school, parent observations dated and specific. A two-week home diary often beats a year of memory.
4. An independent EP report where you can afford one. Costs £600 to £1,200. Often the single biggest evidence boost. IPSEA, SOSSEN and SENDIASS can advise on whether you need one.
5. A parent statement. Your account of the child, their needs, and the impact at home and school. Written in your voice, dated, signed.

The Tribunal's test is whether the LA's decision was right at the date of the hearing, on the evidence in front of them. Evidence prepared specifically for the appeal counts. You are not stuck with what was in front of the LA at the time.

The SEND Tribunal process: timeline and what to expect

The process from registration to hearing typically takes 5 to 10 months. Knowing the steps lets you plan.

1. Registration. Submit appeal form and mediation certificate online via the gov.uk Tribunal portal.
2. Case management. Tribunal sets directions (deadlines for evidence, witnesses). You receive these in a Direction letter.
3. LA response. The LA files their case statement. Often softens at this stage; some cases settle after the LA reads its own arguments back.
4. Evidence exchange. Both sides exchange evidence by the set deadline. Includes reports, witness statements, school records.
5. Telephone case management hearing (in some cases). Procedural, not substantive.
6. Final hearing. Usually online, sometimes in person. Lasts 2-4 hours for refusal-to-assess; longer for contents-of-plan cases. A panel of one judge and two specialist members hears the case.
7. Decision. Usually written, posted within 10 working days of the hearing. The decision binds the LA.

You can ask for the hearing to be in person rather than online if that suits your child better; you do not usually have to bring your child.

The success rates (you should know these)

The numbers are stark. Most parents do not know them and consequently underestimate their position.

The latest published Ministry of Justice statistics for SEND Tribunal hearings:

• Around 96% of appeals heard at tribunal are decided in the parent's favour, fully or partly.
• A significant proportion (often 30 to 40%) of registered appeals are conceded by the LA before the hearing, meaning the LA agrees with the parent's case once they prepare for tribunal.
• The LA pays its own costs, and you pay yours; tribunals do not award costs except in unusual circumstances. The cost to the LA of contesting and losing is significant, which is part of why settlement rates are high.

When to get specialist help vs self-represent

You can run an appeal yourself. Many parents do, particularly for refusal-to-assess cases. Specialist help is worth it for complex cases.

Free, regulated help (use first):

• IPSEA (ipsea.org.uk): the leading UK charity for SEND legal advice. Tribunal helpline (0300 030 0080), refusal-to-assess pack, full guidance, model letters. Free, regulated.
• SOSSEN (sossen.org.uk): another free SEND legal advice line (020 8538 3731). Complements IPSEA.
• Your local SENDIASS: one per council area. Free, statutory, confidential. Useful for help at tribunal hearings; some will accompany you.
• Contact (contact.org.uk): parent advice line and legal advice service.
• Council for Disabled Children: policy and interpretive guidance.

Paid specialist help (consider for complex cases):

• SEN solicitors. Specialist SEND law firms (Sinclairs, Simpson Millar, Reece Thomas Watson and others). Legal aid is sometimes available for EHCP-stage cases (the Legal Aid Agency funds Education tribunal cases for some families).
• SEND consultants. Non-legal but experienced; useful for evidence preparation and witness support.
• Independent Educational Psychologist (EP) reports. Often the single highest-impact paid evidence.

Cases where specialist help is most worth the cost: complex medical/health components, naming an independent specialist school, an LA that has already lost an appeal on this child and is litigating aggressively, or a refusal-to-cease appeal for a young person nearing 25.

What to do this week

Four things, in order. Start today.

1. Calendar the deadlines. Date of the letter, two months later, and your “ring mediation” date this week.
2. Read the IPSEA refusal-to-assess pack (or the right pack for your refusal type). Free download. The most useful 60 minutes you will spend.
3. Request the file. Email the school and the LA asking for copies of all SEN records and any reports they hold on your child. You have the right; they have to comply.
4. Ring IPSEA, SOSSEN or your SENDIASS. Get an initial advice call. Many appeals can be self-run with this level of support; some need more.