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Refusal to Issue EHCP Appeal Support (SEND35)
Challenging a Local Authority Decision Not to Issue an EHCP
If the local authority has carried out an Education Health and Care Needs Assessment but decided not to issue an Education, Health and Care Plan (EHCP), you have the right to challenge that decision.
When this happens, the authority will send a formal decision letter explaining that it believes a statutory plan is not necessary.
This decision can be appealed to the SEND Tribunal using the SEND35 form.
Parents normally have:
• 2 months from the decision letter, or
• 1 month from the mediation certificate
to submit the appeal.
Our Refusal to Issue Appeal Support service helps families prepare and submit the SEND35 appeal properly, ensuring the legal threshold and supporting evidence are clearly presented from the outset.
What Our Refusal to Issue Appeal Support Includes
Our role is to help families prepare and submit a clear and structured SEND35 appeal.
Decision Letter Review
We review the refusal decision and the assessment reports produced by the authority.
Evidence Analysis
We examine available documentation to understand how the child’s needs have been assessed.
Legal Threshold Alignment
We map the evidence against the Section 37 statutory test.
SEND35 Preparation
We support completion of the SEND35 appeal form and accompanying information.
Evidence Structuring
We organise documents so the tribunal can clearly understand the child’s needs and provision requirements.
Appeal Submission Guidance
We ensure the appeal is properly prepared before it is submitted to the tribunal.
Our approach is calm, structured and legally aligned.
Support is fixed-fee and stage-specific, and we work with families across England.
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Understanding a Refusal to Issue Decision
After completing an Education Health and Care Needs Assessment, the local authority must decide whether an EHCP is required.
Under Section 37 of the Children and Families Act 2014, the authority must issue a plan if:
It is necessary for special educational provision to be made through an EHCP.
If the authority decides that a plan is not necessary, it will issue a refusal decision letter.
This decision triggers the parent’s right to appeal to the First-tier Tribunal (Special Educational Needs and Disability).
Why Refusal to Issue Decisions Are Often Challenged
Refusal decisions frequently rely on the argument that a child’s needs can be met through SEN Support without an EHCP.
Common issues include:
• over-reliance on school reports without independent evidence
• failure to properly consider professional assessments
• misapplication of the legal test under Section 37
• assuming provision can be delivered without the legal protection of Section F
• minimising the extent or complexity of the child’s needs
If accepted without challenge, the child may remain on SEN Support with no legally enforceable provision.
Why Refusal to Issue Decisions Are Often Challenged
Refusal decisions frequently rely on the argument that the child’s needs can be met through SEN Support without an EHCP.
Common issues include:
• over-reliance on school reports without independent evidence
• failure to properly consider professional assessments
• misapplication of the legal test under Section 37
• assuming provision can be delivered without the legal protection of Section F
• minimising the extent or complexity of the child’s needs
If accepted without challenge, the child may remain on SEN Support without legally enforceable provision.
What a Strong SEND35 Appeal Focuses On
A refusal to issue appeal is not about expressing frustration.
It is about demonstrating why an EHCP is necessary.
A structured appeal typically shows:
• the child’s needs are significant and long-term
• provision required goes beyond what SEN Support can deliver
• support must be specified and legally enforceable
• existing arrangements are not meeting the child’s needs
The key legal question the tribunal examines is:
Is it necessary for provision to be secured through an EHCP?
Why This Appeal Stage Matters
A refusal to issue can prevent a child from receiving legally protected educational support.
When an appeal is properly prepared and supported by evidence, the tribunal can order the local authority to issue an EHCP.
This allows the process to move forward so the plan itself can then be reviewed and strengthened where necessary.
What Happens After the SEND35 Is Submitted
Before the tribunal process begins, parents must obtain a mediation certificate.
This normally involves contacting an independent mediation service to discuss the option of mediation.
Families may:
• proceed to mediation, or
• request a mediation certificate without attending
Once the mediation certificate is issued, the appeal can proceed. At this stage families may require further support, including:
EHCP Mediation Support
- Preparation and representation during mediation discussions.
SEND Tribunal Representation
- Professional preparation and representation if the case proceeds to tribunal.
How Our Support Works
Families often arrive unsure how the appeal process works or what steps come next.
Our role is to bring structure and clarity to the process.
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Free 15 Minute Call
We begin with a short conversation to understand the refusal decision and your child’s situation.
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Tailored Plan
We explain the SEND35 appeal process and confirm whether preparing an appeal is the right next step.
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Structured Advocacy
We prepare the SEND35 appeal documentation and organise supporting evidence.
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Ongoing Support
Where required, we continue supporting families through mediation and tribunal preparation.
What Happens Next?
Before the tribunal hearing can proceed, parents must obtain a mediation certificate from an independent mediation adviser.
This step allows families to consider whether the disagreement with the local authority might be resolved without a full tribunal hearing.
Parents may:
• take part in mediation with the local authority
• request a mediation certificate without attending mediation
Once the mediation certificate has been issued, the appeal can continue through the tribunal process.
At this stage families often require further support depending on how the case develops.
EHCP Mediation Support
If mediation takes place, preparation is important. We help families organise the evidence, clarify the legal position, and ensure the discussion remains focused on the child’s needs and the statutory test.
SEND Tribunal Representation
If the case proceeds to a hearing, the tribunal will examine the evidence and decide whether the local authority must issue an EHCP. Our tribunal representation service provides structured preparation and professional advocacy throughout the tribunal process.
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 with experience across education, health and social care
This 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
The SEND35 form is used to submit an appeal to the SEND Tribunal when a local authority refuses to issue an Education Health and Care Plan after completing an assessment.
Parents must contact a mediation adviser before submitting the appeal, but they are not required to participate in mediation itself.
The tribunal examines whether the child’s needs require special educational provision that must be secured through an EHCP rather than SEN Support alone.
Yes. Additional reports, school records and professional evidence can be submitted to support the appeal.
Talk to us today
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