Why Should I Appeal a Refusal to Issue an EHCP
You asked the local authority to assess your child’s needs. They agreed. Professionals gave input. Reports were gathered. And in the end… they replied… “No EHCP”.
Take a deep breath. You’re not alone. This happens far too often, and it may say more about the Local Authority’s budget than your child’s actual needs. But you don’t have to accept this. You can ask for that decision to be overturned (appeal) so your child can get the support they need.
How Often Do They Say “No” to Issuing an EHCP?
Right now, across England, nearly a quarter of assessments end with the LA saying “no” to issuing an EHCP. That's despite professional input and identified needs. It’s becoming more common—and more questionable.
Why, really, do they say “No”?
Because it saves them money—and they’re hoping you’ll give up.
They can’t seriously believe that after doing all those assessments, those needs don’t require any legal support. Don’t let this slide. Let the experts speak, and push the LA to base decisions on evidence—not excuses.
And What are the Typical Reasons for Saying “No” (HINT: These are not lawful)
“The child’s needs aren’t severe enough”
This isn’t a lawful test. The law says the child must have SEN and require special educational provision that can’t be reasonably provided by the school alone. That’s it.
“Support can be delivered without an EHCP”
Maybe. But if it’s not being delivered, or it’s not working, or it’s not legally enforceable—then your child needs an EHCP. The plan secures the help and holds schools accountable.
“They’re coping okay in school”
Are they really? Is your child masking? Burning out? Struggling socially or emotionally? Academic progress alone doesn’t cancel out unmet needs in other areas. An EHCP is about the whole child.
“We’re waiting to see how things go”
This is just delay by another name. Your child is not a trial case. If support is needed now, then the plan should be issued now. The law does not allow for “wait and see.”
“There’s not enough evidence of provision tried by the school”
Once assessments show the child has SEN and needs more than what the school can provide, that’s enough. The legal test has been met. Schools don’t need to tick every box first.
“Health or social care are already involved”
That’s great—but if your child needs educational support that exceeds what a school can provide, they’re still entitled to an EHCP. Multi-agency input doesn’t cancel out educational need.
“The school said everything’s fine”
Sometimes schools don’t have the right information, or they’re under pressure not to rock the boat. Their view matters—but it’s not the only view. The LA must look at all the evidence, especially from specialists.
So, What Do You Do Now?
Appeal – Appeal – Appeal
You could accept that your LA knows best—without ever meeting your child or truly understanding their needs. But if you believe your child deserves support to thrive, it’s time to act. Most parents who appeal this kind of refusal win—up to 95% of the time.
It sounds daunting—but you can:
- Appeal by yourself (free)
- Get help from a charity (often free)
- Or use a solicitor (not always free, but possible)
You don’t have to prove exactly what your child needs—just show that they have special educational needs and require support beyond what school can give alone. That’s it. The law is on your side.
STILL NOT SURE WHY YOU SHOULD PUSH BACK?
This is about your child’s future.
It’s their legal right. If they have special educational needs that require extra help, the council must issue an EHCP. No diagnosis is required—just evidence of need and the fact that school can’t meet it all.
The assessment wasn’t for nothing. It helped identify needs. Now your child needs the plan that delivers support in a consistent, legal way.
EHCPs bring clarity and enforceability. Without one, the help your child gets can disappear overnight with a change in staff, leadership, or budget.
Your LA might be wrong. And often is. Parents win most of the time in these appeals. The tribunal looks at evidence—not excuses.
You’re not just doing this for now. You’re doing this so your child gets the long-term support they need to learn, grow, and thrive in education—and in life.
TIME TO STAND UP FOR YOUR CHILD’S RIGHT TO SUPPORT tick tock...
You only have 2 months from the date on the LA’s refusal letter to start the appeal process. First, you must consider mediation. (Look for the details in the refusal letter.)
You don’t have to go to mediation—you just need to consider it. Once you do, you’ll get a certificate. That certificate gives you one extra month to lodge your appeal here:
👉 SEND35 Form – Tribunal Appeal
You can still try mediation if you want—but if it doesn’t work out, you can continue with your appeal.
DON’T LET YOUR CHILD BE ANOTHER STATISTIC.
ASK FOR THE DECISION TO BE CHANGED.
START THE APPEAL TODAY.