Refusal to assess: what parents can do
A refusal to carry out an EHC needs assessment is a decision about the assessment-stage test. The authority must consider whether the child or young person has or may have SEN and whether provision through a plan may be necessary. Check the reasons against that test, then protect the appeal deadline.
Practical guidance for families in England
Read the decision for the correct test
Look for the authority’s explanation of both parts of section 36(8) of the Children and Families Act 2014. A refusal to assess should not simply apply the later test for issuing a plan. Identify whether the authority has overlooked needs, support evidence or uncertainty requiring coordinated assessment.
Guidance checked on 15 September 2026. Keep the decision letter, relevant plan or request, and the dates that apply to your case.
Match your grounds to the evidence
Use a short table in your own document: reason given; evidence that supports or challenges it; document and page; and the assessment you say is required. For example, evidence of progress only with substantial individual support should be explained in context rather than presented as either automatic entitlement or proof that there is no need.
Check mediation and appeal dates
You normally need to obtain mediation advice and a certificate before appealing a refusal to assess; choosing to mediate is a separate choice. The usual appeal limit is two months from the decision notice or one month from the mediation certificate, whichever is later. Confirm the exact date and keep both documents.
Prepare the right appeal
Use the current SEND35A route for a refusal-to-assess appeal and the tribunal’s current instructions. Include the decision letter, mediation certificate where required, your reasons and supporting evidence. Keep the case focused on why assessment may be necessary, rather than trying to prove every final-plan detail at this stage.
A useful evidence example
A child follows lessons when an adult breaks every task into steps, but cannot access work when that support is absent. Record the actual support, its frequency, the outcomes and the remaining difficulties. Explain why the available information suggests an EHC assessment may be needed, without assuming this example alone decides the appeal.
Check the documents for this stage
Keep the relevant request, decision notice or plan together with the evidence referred to above. Record the source of each proposed change and the date on which the next action is due. If two accounts differ, explain the difference and seek clarification rather than omitting one account.
Do not lose time to the wrong route
An informal discussion, complaint or new evidence sent to the council does not automatically pause the tribunal deadline. Ask for written confirmation if a decision changes. If you are close to a deadline, get prompt procedural advice; do not wait for a perfect bundle before understanding what must be filed.
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Before you take the next step
You should be able to identify the issue, the outcome or information you need, the evidence supporting it and the person responsible for the next action. Keep a copy of what you send and any acknowledgement. The related guides below cover the stages that may follow.
Free information and additional support
Choose help for the question you need answered
Your local SENDIASS offers free information, advice and support. IPSEA also publishes SEND guidance. If a deadline, evidence gap or disputed decision remains unclear, identify the specific question before commissioning paid help. Seek prompt specialist legal advice where an urgent legal remedy may be needed.
How Little Nellie’s can help
Little Nellie’s offers EHCP advocacy, document review, evidence organisation and independent social-work input. Agree the task, deliverable, deadline and fee before instructing. The related service and pricing pages explain the available support.
Little Nellie’s is not a law firm. Its services do not replace the local authority’s statutory duties or guarantee a plan, placement or tribunal outcome. Legal work outside the agreed service scope may require a specialist solicitor.
Related guides and support
Choose the guide for your next question or stage.
Official sources and EHCP services
Official sources: Children and Families Act 2014 — https://www.legislation.gov.uk/ukpga/2014/6/contents
SEND Code of Practice — https://www.gov.uk/government/publications/send-code-of-practice-0-to-25
SEND appeal guidance — https://www.gov.uk/appeal-ehc-plan-decision
Free SEND guidance — https://www.ipsea.org.uk/
The service links below describe Nellie’s paid support. Check current official instructions when filing an appeal.
Discuss the support you need
Send the relevant decision, plan or request and any deadline when enquiring. Ask which service addresses your specific issue and request a clear scope and quote.
Frequently Asked Questions
Do I need to prove a final EHCP is definitely necessary?
The refusal-to-assess appeal concerns the earlier “may be necessary” assessment test. The test for issuing a plan follows assessment and is different.
Which form is used?
The current tribunal guidance uses SEND35A for refusal-to-assess appeals. Check the latest official form and filing instructions before submitting.
Must I take part in mediation?
You normally must obtain mediation advice and the relevant certificate, but you can decide not to mediate. Check the current rules for your appeal.
Where can I find free SEND information?
Your local SENDIASS provides free information, advice and support. IPSEA publishes guidance on the SEND system. Use the direct links in the sources section and check any service’s current availability.
What should I send when asking Little Nellie’s for help?
Send the relevant request, decision letter or plan, the key evidence and any deadline. Explain the specific task you need help with so the scope and fee can be agreed.
Does this guide apply outside England?
This guide concerns the EHCP framework in England. Wales, Scotland and Northern Ireland have different education and support systems; check guidance for the relevant jurisdiction.