Refused to assess, or refused to issue
The council has said no. You have two months to appeal, and most refusals do not survive one.
We run your appeal to the SEND Tribunal against a refusal to assess (SEND35A) or a refusal to issue a plan (SEND35), from the appeal form to the case review, with the evidence built and every stage on record. Little Nellies is the SEND and EHCP service of Nellie Supports Ltd, a private social work practice in England.
£3,300 including VAT, paid in three stages. 50 hours of work across nine months. Hearing fees are only charged if the hearing happens.
At a glance
Stage
Appeal against a refusal to assess or issue
Deadline in play
Two months from the decision letter, or one month from the mediation certificate
Fee
£3,300 including VAT, paid in stages
Hours included
50, across months 0 to 9
Who delivers
One Little Nellies practitioner, within a regulated social work team
Where
England only
£3,300
Fixed fee, including VAT
50 hours
Work included
Only if the hearing happens
Hearing fee
Professional help
Qualified expert MDT
Plain English explanation
What a refusal appeal is
When the council refuses to carry out an EHC needs assessment, or assesses and refuses to issue a plan, you have a right of appeal to the First-tier Tribunal (SEND). The appeal against a refusal to assess uses form SEND35A; the appeal against a refusal to issue uses form SEND35. Both are decided on the same kind of evidence, and both are usually resolved before a hearing.
We obtain the mediation certificate, complete and lodge the appeal form with a covering statement, gather and submit the evidence to the tribunal's timetable, prepare you for each stage, and complete the case review form. Every stage ends in a written note, so the council and the tribunal are on record.
It does not include representation at a hearing, which is a separate unit charged only if a hearing happens, and it does not include the working document, which belongs to a content appeal. We are not solicitors and do not give regulated legal advice.
You do not need a diagnosis for an EHCP
The law asks whether your child has, or may have, special educational needs and may need provision beyond what the school can give. It does not ask for a diagnosis, and a refusal based on the absence of one is not lawful. If the letter says wait for the diagnosis, that is not the test.
Is this you
Is this you?
The letter says the council has decided not to carry out an assessment, or has assessed and decided not to issue a plan. It gives you a right of appeal and a date. Most parents read that as the end of the road, or as the start of something they cannot afford. Neither is true.
A refusal appeal is the most winnable step in the whole system, because the council has to defend its decision against a legal test it usually cannot meet, and because most refusals are conceded or overturned before a hearing ever takes place. This service takes the appeal off you: the form, the evidence, the tribunal's directions and the case review.
The council has refused to assess.
They assessed him and then said he does not need a plan.
The letter says his needs can be met from the school's own resources.
The school supported the request and the council still said no.
We have been told to try mediation first and we do not know what that means.
The two month deadline is three weeks away.
What is included
What we do for this fee
50 hours of casework across nine months, in five stages, each invoiced at the point the work becomes certain.
The appeal form and covering statement (10 to 12 hours, month 0)
Evidence collection and submission (10 hours, month 3)
Preparation meetings (6 to 8 hours, throughout)
The case review form (4 to 6 hours, month 9)
Correspondence, chasing and admin
Deliverables
How this fee is calculated
This appeal takes up to 50 hours of work across nine months. The fee is £3,300 including VAT, paid in three stages. That is the most you will pay for the appeal. If the work takes longer, we absorb it. The hearing is a separate unit, invoiced only if a hearing is listed and not charged if the council concedes first.
1
Your appeal rights and the relevant test
Under section 51 of the Children and Families Act 2014 you may appeal to the First-tier Tribunal (Special Educational Needs and Disability) against a decision not to carry out an EHC needs assessment, or a decision not to issue a plan after one. You must first contact a mediation adviser and obtain a certificate, unless you choose to go to mediation, and the appeal must be lodged within two months of the decision letter or one month of the certificate, whichever is later.
The right to appeal
The mediation certificate first
The test the tribunal applies
Evidence at the date of the hearing
2
Evidence for a refusal to assess or issue
For a refusal to assess, the tribunal applies section 36(8): does your child have, or may they have, special educational needs, and may provision through a plan be necessary. For a refusal to issue, it applies section 37: is it necessary for provision to be made through a plan. The evidence has to show that what your child needs may go beyond what the school can provide from its own resources. The tribunal decides on the evidence as it stands at the hearing, so what we gather between now and then counts.
Children and Families Act 2014, sections 36(8), 37, 51 and 55; Special Educational Needs and Disability Regulations 2014, regulations 4 and 5; Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008; SEND Code of Practice 2015, chapter 11.
The test
The legal framework for an EHCP refusal appeal
Month 0: instruction, certificate and appeal form
We confirm the fee in writing and invoice 40 per cent. The mediation certificate is obtained and the appeal is lodged with the covering statement.
Month 1: the tribunal's directions
The tribunal registers the appeal and issues a timetable. We read it with you and diarise every date.
Month 3: evidence submitted
The evidence bundle goes in on the tribunal's date. 30 per cent invoiced on submission.
Month 9: case review
The case review form is completed and filed. 30 per cent invoiced. Most refusals are conceded by this point.
Months 18 to 24: hearing, if it happens
If a hearing is listed, representation is invoiced on the hearing notice as a separate unit, and not charged if the council concedes first.
What happens and when
What happens and when
Evidence we build
Evidence we build
A refusal is defended on the evidence. We read what exists and build what the tribunal needs to see.
The council's decision letter and the evidence it relied on
The school's SEN support plan, reviews and any reduced timetable
Professional reports already held: educational psychology, speech and language, paediatric, CAMHS
A parental statement, drafted with you, describing the difficulty day by day
The evidence list, cross referenced to the section 36(8) or section 37 test
What you receive
What you receive
Add paragraph text. Click “Edit Text” to update the font, size and more. To change and reuse text themes, go to Site Styles.
The mediation certificate and the lodged appeal form, with receipt confirmed
The covering statement setting the evidence against the legal test
The evidence bundle, indexed to the tribunal's directions
Your parental statement, drafted with you
The completed case review form
A written note after each stage, so the council is on record
Free help exists
Free help exists, and we say so
Three organisations give free, independent help with EHCPs and appeals. We name them because they are good, and because you should know what we add on top.
IPSEA
Free legally based advice on EHC needs assessments, plans and appeals, with a helpline and model letters.
SOS!SEN
A charity helpline and walk-in service giving free advice on the assessment and appeal process.
SENDIASS
Your local, free and impartial information, advice and support service, which every council must provide.
What we add
Done-for-you delivery. The evidence built and framed, the documents drafted and lodged, a regulated team, and one practitioner from the first call to the last letter.
The appeal package
£3,300 including VAT
- 50 hours across months 0 to 9
- Form, covering statement, evidence, case review
- 40 per cent at instruction, 30 per cent at evidence submission, 30 per cent at case review
- Written note after every stage
Each stage is non-refundable once delivered.
The hearing unit
£1,080 including VAT
- Only if a hearing is listed, typically months 18 to 24 from lodging
- £1,080 including VAT, 10 hours of representation at the hearing
- Invoiced on the hearing notice
- Not charged if the council concedes before the day
You pay for the hearing only if the hearing happens.
The journey
The journey, and what it costs at each stage
Most refusal appeals resolve without a hearing. The package covers the appeal to the case review. The hearing unit is separate, invoiced only when a hearing is listed, and not charged if the council concedes first.
For parents
A fixed fee you know before you start, paid in stages. One practitioner who knows the file. The phone answered, and a written note after every step so you always know where the appeal is.
For SENCOs and professionals who refer
We work alongside the setting. The school receives the evidence list and knows what records are being asked for and when the tribunal's dates fall.
Why us
Why families choose Little Nellies for a refusal appeal
Anyone can fill in a SEND35A form. What decides the appeal is the evidence and the timetable. Little Nellies runs both through a regulated team of registered social workers and a Chartered Psychologist, with one practitioner responsible for your appeal from the certificate to the case review, and the hearing fee charged only if the hearing happens.
Why families choose Little Nellies
Evidence built, not collected
Every point referenced to the legal test
Staged payments tied to the tribunal's timetable
One practitioner for the duration
Registered social workers and a Chartered Psychologist
Hearing fees only if the hearing happens
A mother came to us a fortnight after the council refused to assess her son, in Year 5. The school had backed the request. The refusal letter said his needs could be met from the school's own resources, and cited progress data from two years earlier.
We obtained the mediation certificate within the week and lodged the SEND35A form in the first month, with a covering statement that set the school's current records against the section 36(8) test. The council's own SEN support reviews showed three cycles with no progress and a reduced timetable it had not mentioned.
Over the next three months we gathered the evidence the tribunal's directions asked for: the school's records, a parental statement, a letter from the paediatrician, and an evidence list cross referenced to the test. The submission went in on the date the tribunal set.
Six weeks before the case review the council wrote to say it would carry out the assessment. The appeal was withdrawn by consent. No hearing was listed and no hearing fee was charged. The evidence file was ready for the draft plan when it arrived.
This is an illustrative composite. It does not describe any individual family, and it is not a promise about any outcome.
In practice
Frequently asked questions
Add a Title
How long do I have to appeal a refusal to assess?
Two months from the date of the decision letter, or one month from the date of the mediation certificate, whichever is later. We obtain the certificate in the first week so the deadline is never the problem.
Do I have to go to mediation first?
You have to contact a mediation adviser and obtain a certificate. You do not have to attend mediation. If you decline it, the certificate is issued within three working days and the appeal can be lodged.
What happens if the council concedes before the hearing?
The appeal is withdrawn by consent and the council does what it should have done. No hearing is listed and no hearing fee is charged. The evidence file is ready for the next stage.
How much does a refusal appeal cost with Little Nellies?
£3,300 including VAT, fixed, paid in three stages. That covers 50 hours from the appeal form to the case review. Representation at a hearing is £1,080 including VAT on top, charged only if the hearing happens.
How long does a refusal appeal take?
Lodging to case review is about nine months. If a hearing is needed it is typically listed 18 to 24 months from lodging. Most refusal appeals are conceded before then.
Are you solicitors?
No. Little Nellies is the SEND and EHCP service of Nellie Supports Ltd, a private social work practice. We do not give regulated legal advice, and where a case needs a solicitor we say so.
Refusal to Assess Explained
Refusal to Issue an EHCP Explained
EHCP Appeal Guide
Read more
Related EHCP guides
EHCP application
If you have not yet asked the council to assess, we prepare and submit the request.
Tribunal hearing representation
If a hearing is listed, we prepare and attend. Charged only if the hearing happens.
SEND mediation
If you want to try mediation before the appeal, we prepare and attend with you.
Evidence review
Before you lodge, find out what your evidence actually establishes.
Other stages
Book a call
Book your free 15-minute call
Tell us where you are: what has been sent, what the council has said, and the date on the letter. On the call we confirm the stage, the deadline in play and whether this is the right service. We do not give advice on the call and we do not pressure you to buy.
Written by Ben Slater, Founder and Principal Social Worker, registered social worker (Social Work England). Reviewed by Ben Slater, Principal Social Worker, registered with Social Work England. Last reviewed 10 September 2026. Read our editorial policy.