If the Local Authority has decided not to carry out an Education, Health and Care (EHC) Needs Assessment for your child, you have the right to appeal this decision to the SEND Tribunal.
A Refusal to Assess appeal is often one of the more straightforward types of SEND appeal and, in some cases, families may choose for the appeal to be decided through a paper hearing, where a judge reviews the written evidence and makes a decision without a hearing taking place.
When Should the Local Authority Agree to an Assessment?
The Local Authority can only apply one legal test when deciding whether to carry out an EHC Needs Assessment.
They must consider whether:
the child or young person has or may have special educational needs, and it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC Plan.
This is a relatively low legal threshold. The Local Authority should not refuse an assessment simply because a child is making some progress or because support is already in place.
Before You Appeal
Before registering an appeal, you must usually obtain mediation advice.
In Sutton, mediation advice is provided by Global Mediation.
To request mediation advice, contact:
📧 info@globalmediation.co.uk
You will need to provide:
- Your name
- A contact telephone number
- Suitable times for a callback
After receiving mediation advice, you can:
- Take part in mediation; or
- Request a mediation certificate and proceed with an appeal.
The Tribunal will not be informed whether you chose to participate in mediation.
Registering Your Appeal
If mediation does not resolve the disagreement, or you choose not to proceed with mediation, you can appeal to the SEND Tribunal.
You will need to submit:
- A completed SEND35 appeal form
- A copy of the Local Authority’s decision letter
- Your mediation certificate
- Supporting evidence
- A list of the evidence you are submitting
Appeal form:
🔗 https://www.gov.uk/government/publications/form-send35-special-educational-needs-and-disability-tribunal-appeal
What Evidence Will Help?
The Tribunal will want to understand why your child may require an EHC Needs Assessment.
Useful evidence may include:
- School reports and SEN Support plans
- Reports from health professionals
- Educational Psychology advice
- Speech and Language Therapy reports
- Occupational Therapy reports
- Attendance records
- Information about your child’s progress and difficulties
- Evidence showing that current support is not meeting your child’s needs
Further Information
IPSEA provides a detailed guide to Refusal to Assess appeals, including practical advice on completing appeal paperwork and gathering evidence.
How SIASS Can Help
SIASS can:
- Explain the Refusal to Assess appeal process.
- Help you understand your appeal rights.
- Discuss what evidence may strengthen your case.
- Help you understand the paperwork involved.
If you would like impartial information and advice about a Refusal to Assess appeal, please contact our helpline.