Refusal to Assess Appeal Support (SEND35A)
Challenging a Local Authority Refusal to Carry Out an EHCP Assessment
If the local authority has refused to carry out an Education, Health and Care Needs Assessment, it can feel like the process has stopped before it has even begun.
Many parents receive a refusal letter stating that their child’s needs can be met through existing school support. In practice, this often reflects how the application was interpreted rather than the reality of the child’s needs.
A refusal does not mean the request was unreasonable. It means the authority has decided the legal threshold for an assessment has not been met.
Parents have the right to challenge this decision.
Our Refusal to Assess Appeal Support service helps families prepare a structured appeal to the SEND Tribunal so the request for an assessment is considered properly.
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When Families Request Refusal to Assess Support
Families often contact us when:
• the local authority refuses to carry out an assessment
• the refusal letter states the child’s needs can be met at SEN Support
• the authority claims there is insufficient evidence
• the school has been reluctant to support the application
• parents believe the refusal does not reflect the child’s actual needs
A refusal to assess can be challenged through the SEND Tribunal appeal process.
The appeal allows an independent tribunal to decide whether the local authority should carry out an Education Health and Care Needs Assessment.
Understanding Refusal to Assess Appeals
When a request for an Education Health and Care Needs Assessment is submitted, the local authority must decide within six weeks whether to carry out the assessment.
If the authority refuses, parents normally have the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability).
Before lodging an appeal, parents are usually required to obtain a mediation certificate, although they are not required to participate in mediation if they choose not to.
The appeal itself is submitted using the SEND35A form.
The tribunal then considers whether the legal threshold for carrying out an assessment has been met.
Why Refusal Decisions Are Often Challenged
Refusals frequently rely on the argument that the child’s needs can be met through existing school support.
However, the legal threshold at this stage is relatively low.
The question is not whether the child definitely requires an EHCP. The question is whether the child may require special educational provision through an EHCP.
Applications are sometimes refused because:
• the child’s difficulties are described too generally
• supporting evidence is incomplete
• the link between needs and provision is unclear
• the statutory test is not clearly referenced
An appeal allows the tribunal to review the evidence independently.
What Our Refusal to Assess Appeal Support Includes
Our role is to help families present a clear and structured case explaining why the local authority should carry out an assessment.
Decision Review
We review the refusal letter and supporting documents to understand the authority’s reasoning.
Evidence Assessment
We examine existing reports and records to identify evidence supporting the need for an assessment.
Appeal Preparation
We assist with preparing the SEND35A appeal documentation and supporting submissions.
Legal Threshold Alignment
We ensure the appeal reflects the statutory test used by the tribunal.
Evidence Structuring
We organise documentation so the tribunal can clearly understand the child’s needs.
Strategic Positioning
We anticipate common refusal arguments and ensure the appeal addresses them directly.
Support is fixed fee and stage specific so families can choose the level of assistance that suits them.
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Why This Appeal Stage Matters
A refusal to assess can delay access to the EHCP process entirely.
When appeals are prepared clearly and supported by evidence, tribunals frequently order local authorities to carry out an assessment.
Early intervention at this stage can allow the process to move forward without unnecessary delays.
How Our Support Works
Families often arrive unsure how the appeal process works or whether challenging the refusal is worthwhile.
Our role is to bring structure and clarity to the next steps.
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Free 15 Minute Call
We begin with a short discussion to understand your child’s situation and review the refusal decision.
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Tailored Plan
We explain the appeal process and advise whether a SEND35A appeal appears appropriate based on the available evidence.
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Structured Advocacy
We help organise documentation, prepare the appeal and ensure the submission reflects the statutory test used by the tribunal.
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Ongoing Support
Where needed, we continue supporting families through the tribunal process and later EHCP stages.
What Happens After a Refusal Appeal
If the tribunal decides the local authority should carry out an assessment, the authority must begin the Education Health and Care Needs Assessment process.
This may lead to a draft EHCP.
If the authority still refuses to issue a plan following the assessment, parents may later challenge that decision through a Refusal to Issue Appeal.
You can learn more about the next stages here:
• Draft EHCP Review
• Refusal to Issue EHCP Appeals
Professional Standards and Expertise
Little Nellies is the specialist SEND advocacy division of the Nellie Supports social work practice.
Little Nellies Ltd operates as a subsidiary of Nellie Supports Ltd, providing dedicated EHCP and SEND advocacy services while benefiting from the wider multidisciplinary expertise of the practice.
Our team includes:
• Social Work England registered social workers
• Social Care Wales registered social workers
• members of the British Association of Social Workers
• SEND practitioners with postgraduate qualifications
• multidisciplinary professionals across education, health and social care
This combined expertise allows us to approach EHCP cases with both statutory knowledge and practical advocacy experience.
Other EHCP Support Services
Families often require support at different stages of the EHCP process.
Related services include:
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Frequently Asked Questions
Yes. Parents normally have the right to appeal a refusal to carry out an Education Health and Care Needs Assessment to the SEND Tribunal.
The SEND35A form is used to lodge an appeal with the SEND Tribunal when a local authority refuses to carry out an assessment.
Parents must usually obtain a mediation certificate before appealing, but they are not required to participate in mediation if they choose not to.
Parents normally have two months from the date of the decision letter to submit an appeal.
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