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 EHCP Refusal to Assess Support Includes
We do not offer piecemeal appeal services. Our EHCP refusal to assess appeal support is a full-service offer, covering the preparation of the appeal, management of the case and representation through to Tribunal where required.
SEND35A Appeal Form Completion
We complete and submit the SEND35A appeal form and prepare the grounds of appeal so the case is issued clearly and properly from the outset.
Grounds of Appeal Drafting
We draft structured, evidence-based grounds explaining why the refusal to assess should be overturned.
SEND7 Applications Where Needed
Where necessary, we complete and submit a SEND7 application, including requests relating to a change of representation, an extension of time, late evidence, amended grounds, a change to the final hearing date or permission to rely on an additional witness.
Appeal Documentation Management
We manage the appeal paperwork and Tribunal directions so the case progresses properly and required documents are dealt with on time.
Where appropriate, we prepare and amend the working document so the issues in dispute are clearly identified and progressed properly.
Tribunal Evidence Bundle Preparation
We help organise and prepare the evidence bundle so the Tribunal can clearly understand the case and the evidence relied upon.
Case Review Form
We complete and manage the case review form as part of the Tribunal process.
Ongoing Advice and Case Progression
We provide ongoing advice throughout the appeal so the case remains focused, properly managed and prepared at each stage.
Liaison and Correspondence
We liaise and correspond where needed with both the local authority and SENDIST Tribunal as the appeal progresses.
Deadline Tracking
We track key deadlines and ensure the required steps are completed within the Tribunal timetable.
Our support includes attendance at the Tribunal hearing.
We provide support calls throughout the appeal whenever needed.
What we Need From You
To prepare and progress a SEND35A refusal to assess appeal properly, we usually need the following from you:
The refusal to assess decision letter
We need the local authority decision letter confirming the refusal and setting out the reasons given.
Where required, we need the mediation certificate before the appeal is issued.
Your reasons for appealing
Please explain why you believe an EHC needs assessment is still necessary and why you are challenging the refusal.
What has already been tried
We need to understand what support, interventions or SEN provision have already been put in place and why they have not been enough.
School records and reports
This may include school reports, SEN support records, attendance records where relevant, ILPs, behaviour records and any other school evidence already available.
Professional evidence
Please send any diagnoses, educational psychology reports, speech and language therapy reports, occupational therapy reports, CAMHS letters, medical letters or other professional evidence you already have.
Parent evidence
Your own account is important. A parent statement can help explain your child’s difficulties, the day-to-day impact and why an assessment is needed.
Voice of the child evidence, where appropriate
Where appropriate, we can also include evidence reflecting your child’s own views and experiences.
Any other relevant documents
Anything else that helps show your child may have SEN and may require provision through an EHC needs assessment can be included.
Why add our evidence pack
In a refusal to assess appeal, the strength of the case often depends on how well the evidence explains your child’s needs, difficulties and the impact on their education.
Our evidence pack adds focused input from our social work and psychology team, so when we represent you at appeal, we do so with direct professional insight into your child, not just the paperwork. That can make the case more credible, more structured and easier for the Tribunal to follow.
It also helps reduce the risk of the case being undermined by arguments that your child has not been properly assessed or understood by those presenting it. By building stronger evidence earlier, families may also reduce the risk of the matter becoming more complex and more expensive later, particularly if further litigation would otherwise require solicitor involvement.
So for many families, the evidence pack is a way of strengthening the case now to reduce the risk of spending more later.
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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.