Definition
A refusal to assess is a local authority's decision under section 36(8) of the Children and Families Act 2014 not to carry out an EHC needs assessment after a request. Parents have a statutory right of appeal to the First-tier Tribunal (SEND) on this decision, with a two-month time limit from the date of the decision (or one month from the end of mediation).
In context for parents
Key checkpoints
- The LA's decision under Children and Families Act 2014, s.36(8) not to carry out an EHC needs assessment.
- Statutory test is the low "may need" threshold, not "definitely needs" or "all options exhausted".
- Right of appeal to the SEND Tribunal with two-month time limit (or one month from end of mediation).
- HMCTS figures put parent success rates above 95% of cases reaching final decision.
- Mediation is mandatory to consider but not to attend. A phone call obtains the certificate.
The legal threshold for assessment is low. Section 36(8) requires the LA to assess if the child may have special educational needs and may need provision through an EHCP. The "may" word is doing real work. It is not "definitely has", "we are certain", or "all other options exhausted". The tribunal applies the statutory threshold; LAs frequently apply a higher one in their refusal letters.
The standard LA refusal letter usually says some combination of: "the school has not yet implemented sufficient interventions"; "more time should be allowed for SEN Support"; "current evidence does not demonstrate provision beyond what mainstream school can ordinarily provide is required"; or "we are unable to proceed with assessment at this time". None of these is the statutory test. The tribunal looks at whether the child may need an EHCP, not at whether SEN Support has been fully exhausted.
In practice, parents win refusal-to-assess appeals at a very high rate (the most recent HMCTS figures put parent success rates above 95% for cases reaching a final decision). The cases that succeed share three features: an independent EP or specialist report that names the needs; a school history showing SEN Support cycles that have not closed the gap; and a parent letter that explains why the school's provision is not enough.
The appeal must be lodged within two months of the decision (or one month after a mediation certificate is issued, whichever is later). Mediation is mandatory to consider but not to attend. A phone call is enough to obtain the certificate.
Related terms
The terms parents most often see alongside Refusal to Assess.
EHC Needs Assessment(EHCNA)
The local authority's statutory process for gathering advice from professionals to decide whether a child needs an EHCP. The LA has 20 weeks from request to issuing a final plan.
SEND Tribunal
An independent tribunal that hears appeals against local authority decisions on EHC needs assessments, EHCP contents, school placement, and disability discrimination by schools.
SEND Mediation
An optional independent meeting between the local authority and family to try to resolve an EHCP dispute without going to tribunal. Parents must consider mediation before appealing on most grounds.
Where parents ask about this
Parents usually find this page within hours or days of the refusal letter landing. Searches include "EHCP refusal next steps", "appeal SEND tribunal refusal to assess", and "how to win refusal to assess appeal". A Beaakon SEND solicitor or advocate can read the refusal letter the same day, identify which evidence will close the gap, obtain the mediation certificate, and draft the tribunal appeal, well within the two-month window.
References
The primary legislation, statutory guidance, research, and clinical tools this page draws on.