Refusal to issue an EHCP after assessment
A refusal to issue means the authority has carried out an EHC needs assessment but decided a plan is not necessary. This uses a different test from refusal to assess. Read all the assessment advice, identify what provision is required and explain why it is necessary for that provision to be secured through a plan.
Practical guidance for families in England
Apply the plan-stage test
Under section 37 of the Children and Families Act 2014, the question is whether it is necessary for special educational provision to be made through an EHC plan. Focus on the assessed needs and required provision. A diagnosis alone does not settle the question, and neither does an unsupported statement that the setting should use its normal resources.
Guidance checked on 15 September 2026. Keep the decision letter, relevant plan or request, and the dates that apply to your case.
Check the assessment is complete
Read the education, psychology, health and social-care advice and the child or young person’s views. Note missing advice, contradictions, vague recommendations and needs not considered. Ask for copies of the material relied on. Explain why each gap affects the decision instead of listing procedural defects without their practical significance.
Show the provision gap
Set out each relevant need, the provision recommended, what is currently delivered and why existing arrangements do not adequately secure the necessary support. Include frequency, expertise and coordination requirements where supported by evidence. Distinguish support that is genuinely available from provision merely described as something a school could consider.
Protect the appeal route
A refusal to issue is normally notified by week 16 from the original assessment request. Read the decision and mediation information. The usual appeal deadline is two months from the decision notice or one month from the mediation certificate, whichever is later. Use the current SEND35 instructions for this appeal type.
Organise a concise case
Begin with the decision challenged and the outcome requested. Follow with the assessed needs, necessary provision and reasons a plan is required. Cross-reference an indexed bundle and include the authority’s evidence as well as your own. A private report is useful only where it answers a defined unresolved question.
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.
Avoid treating a new request as the only option
You can consider challenging the refusal rather than starting the entire process again. Later evidence may be relevant, but do not assume correspondence or a complaint extends the appeal deadline. If the council changes its decision, obtain the new position and next steps in writing.
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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
How is this different from refusal to assess?
Refusal to assess concerns whether assessment may be necessary. Refusal to issue follows assessment and concerns whether provision through a plan is necessary.
Is the deadline 20 weeks for the refusal letter?
A refusal to issue after assessment is normally notified by week 16. Week 20 is the normal deadline for a final plan where one is issued.
Can new evidence be used on appeal?
Relevant evidence can be submitted in accordance with the tribunal’s directions. Explain what it establishes and comply with the timetable rather than assuming any document will be admitted at any time.
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.