What to do if the LA refuses to assess

You asked your local authority to carry out an EHC needs assessment and they said no. This is one of the most common reasons parents contact IPSEA and SENDIASS. It is frustrating, but you have clear rights.

The refusal is not the end of the road. You can challenge it.

Why local authorities refuse

Common reasons given include:

• 'Your child is making adequate progress'
• 'The school has not yet used all the support available to them'
• 'Your child does not have a diagnosis'
• 'We believe your child's needs can be met through SEN Support'

Some of these reasons are reasonable. Others are not. The legal test is whether your child may have special educational needs and it may be necessary for provision to be made through an EHCP. The threshold is deliberately low.

Your options

You have two main options after a refusal.

Option 1: Appeal to the SEND Tribunal

You have 2 months from the date of the refusal letter to register an appeal with the First-tier Tribunal (Special Educational Needs and Disability). The appeal is free. You do not need a solicitor.

The tribunal will look at your child's needs and decide whether the local authority should have agreed to assess. Tribunal appeal success rates for refusal to assess are high, because many local authorities apply the legal test incorrectly.

Before you can appeal, you must either:

• Go through mediation (this is usually a phone call and takes around an hour), or
• Get a mediation certificate saying you have been informed about mediation and chosen not to use it

See Mediation before tribunal for more.

Option 2: Gather more evidence and request again

There is no limit on how many times you can request an assessment. If you have new evidence, such as a private educational psychology report, updated school data, or new professional advice, you can submit a fresh request.

This can be quicker than a tribunal appeal, but it does not guarantee a different outcome. If the local authority's reasons for refusing were wrong in law, an appeal is usually the better route.

How to decide

Ask yourself:

• Was the refusal based on a misunderstanding of the law? (For example, 'no diagnosis' or 'school has not spent enough money.') If so, appeal.
• Has something changed since your request? (For example, your child's needs have increased, or you now have new evidence.) If so, a fresh request with the new evidence may work.
• How quickly do you need a decision? A tribunal appeal typically takes 3 to 5 months. A fresh request starts the 6-week clock again.

What to include in an appeal

If you decide to appeal, you will need:

• A copy of the refusal letter
• Your original request and any evidence you submitted
• A clear statement of why you believe the local authority was wrong to refuse
• Any additional evidence that supports your child's needs

SpektraBot can help you prepare. Ask: 'The LA refused to assess my child. Can you help me prepare an appeal?'

Key deadlines