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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 EHCP Appeal Support Includes
We do not offer piecemeal appeal services. Our refusal to issue EHCP appeal support is a full-service offer covering appeal preparation, case management and Tribunal representation where required.
SEND35 Appeal Form Completion
We complete and submit the SEND35 appeal form and prepare the grounds of appeal so the case is issued properly from the outset.
Grounds of Appeal Drafting
We draft clear, structured and evidence-based grounds explaining why the local authority should issue an EHCP following the assessment.
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 your child’s needs, the evidence from the assessment process, and why an EHCP should be issued.
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.
Tribunal Representation
We track key deadlines and ensure the required steps are completed within the Tribunal timetable.
Deadline Tracking
Our support includes attendance at the Tribunal hearing.
Support Calls When Needed
We provide support calls throughout the appeal whenever needed.
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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?
What We Need From You
To prepare and progress a refusal to issue EHCP appeal properly, we usually need the following from you:
The refusal to issue decision letter
We need the local authority decision letter confirming that, following assessment, it has decided not to issue an EHCP.
The mediation certificate
Where required, we need the mediation certificate before the appeal is issued.
Your reasons for appealing
Please explain why you believe an EHCP should be issued and what your main concerns are about the local authority’s decision
The assessment evidence
We need the professional evidence gathered during the EHC needs assessment process so we can review what was identified and how the local authority has responded to it.
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 educational psychology reports, speech and language therapy reports, occupational therapy reports, CAMHS letters, medical letters, diagnoses or other professional evidence relevant to your child’s needs.
Parent evidence
Your own account is important. A parent statement can help explain your child’s difficulties, the day-to-day impact, and why SEN support alone is not enough.
Voice of the child evidence, where appropriate
Where appropriate, we can also include evidence reflecting your child’s own views and experiences.
Any draft EHCP or related local authority paperwork
If the local authority produced any draft paperwork, consultation paperwork or assessment summaries before deciding not to issue, please send this across.
Any other relevant documents
Anything else that helps show your child’s needs and the provision required can be included.
Why an evidence pack can be beneficial
In a refusal to issue appeal, the case often turns on the quality of the evidence. It is not enough to show that a child is struggling. The Tribunal needs clear, structured evidence explaining why the child’s needs cannot reasonably be met without an EHCP.
Our evidence pack can strengthen that case by adding further professional input from our social work and psychology team. This gives the appeal greater depth and helps ensure that the child’s needs, presentation and educational impact are evidenced more clearly from the outset.
This is one of the things that makes our approach different. We are not simply an advocacy service. We are an independent social work practice with professionals on our team who can contribute additional evidence where it is needed. That means when we represent your family, we are doing so with a more developed understanding of your child, not just the papers already available.
That can be important at Tribunal. It helps reduce the scope for arguments that the case is being advanced without proper professional insight into the child’s actual needs. It can also make the appeal more coherent, more persuasive and easier for the Tribunal to follow.
In some cases, stronger evidence at the right stage may also reduce the risk of the matter becoming more complex and costly later. Put simply, investing in better evidence now can lessen the risk of greater expense later.
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.