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Knowledge Centre

Guides and articles on university, education and student legal issues.

SEND

The Local Authority Refused an EHC Needs Assessment

Check the decision, the child's needs and the route to the SEND Tribunal.

Read the decision and evidence

Keep the local authority's written refusal and the evidence supplied with the request. Identify the special educational needs described, the provision already tried and why an assessment may be needed.

Check the appeal route

In England, a refusal to assess can be appealed to the SEND Tribunal. In most cases you must contact a mediation adviser before lodging an appeal, though the precise requirements depend on the type of decision. The appeal generally must reach the tribunal within two months of the decision letter or one month of the mediation certificate, whichever is later.

Prepare the case

Gather school reports, professional evidence and examples of unmet needs. Explain why an assessment is necessary to understand and provide for those needs. Check the current tribunal form and instructions before filing.