Refusal to assess appeals

We are frequently contacted about local authorities (LAs) refusing to carry out education, health and care (EHC) needs assessments. These are the most common type of appeal to the SEND Tribunal. We have created a refusal to assess pack, which is a detailed guide to preparing for and carrying out a refusal to assess appeal. 

Refusal to assess pack (PDF) 

Refusal to assess pack (Word)

The following model letters may also assist you with getting evidence to support your appeal: 

Asking the LA for information about what is available in its area and its delegated funding: Template letter 17  

Asking for a copy of a child’s school record: Template letter 18 

Asking an education setting for information on special educational needs and provision to assist with an appeal about the LA’s refusal to carry out an EHC needs assessment: Template letter 19a

It is important to know there are deadlines for bringing an appeal to the SEND Tribunal. We explain these in detail on our page containing general advice about appealing. 

This type of appeal is normally dealt with ‘on the papers’, which means that instead of you and your LA attending a hearing, the SEND Tribunal will make a decision based on the written evidence you both submit. Many parents and young people are happy with this approach, however it is important for you to know that a paper hearing can only happen if both you and your LA consent, so you can still request an oral (verbal) hearing if you want one. An oral hearing must be held if one party requests it. 

If you can’t find the answer to your question, or you would like further advice, you are welcome to book an appointment to speak with us.