Wolfe & Black practical guide
EHCP Refusal to Assess: Appeal Evidence Preparation
How to prepare evidence after a local authority refuses to carry out an EHC needs assessment, including the decision, existing support and evidence of possible special educational needs.
Updated September 2026
A refusal to assess decision should be tested against the evidence showing that the child or young person may have special educational needs and may need special educational provision through an EHC plan. Preparation should stay tightly focused on the threshold for assessment and the evidence available at the date of decision.
1. Preserve the refusal decision and deadline
Keep the complete refusal letter, the request for assessment, any evidence submitted with it and the date the decision was communicated. Record the applicable mediation and appeal steps immediately.
2. Build the evidence of possible need
Organise school records, SEN support plans, progress data, attendance, exclusions, professional reports, health information and evidence of provision already tried. The aim is to show the pattern of need and why an EHC needs assessment may be necessary.
3. Test the authority reasoning
Compare each reason for refusal with the evidence the authority had. Identify material reports or school information that appear to have been overlooked, misstated or treated inconsistently.
4. Prepare the appeal issues clearly
Reduce the case to the decision, the evidence supporting assessment, the authority’s reasons and the specific outcome sought. Keep later evidence separate but clearly identified where it materially updates the picture.
Tribunal procedure and representation rules must be checked for the particular proceeding and stage.
Questions to ask before proceeding
What is the exact decision? What deadline applies? Which facts are genuinely disputed? What documents prove the important facts? What framework governs the decision? What outcome are you asking for? What has already been tried?
Official sources to check
Rules, guidance and procedures can change. These are the primary official sources used to keep this area grounded:
Frequently asked questions
How long should the EHC needs assessment and plan process take?
GOV.UK states that, subject to applicable exceptions, the final EHC plan should be issued within 20 weeks of the local authority receiving the request for assessment.
What EHC plan decisions can be appealed?
Appealable decisions include refusal to assess, refusal to issue a plan, and disputes about specified educational sections of an EHC plan. In most cases mediation advice must be considered before appeal.
Related guides
EHCP Appeal: Evidence & SEND Tribunal Preparation
How to organise the decision, disputed EHCP sections, professional evidence and requested changes before a SEND Tribunal appeal.
Read guide →EHCP Refusal to Issue: Appeal Evidence Preparation
How to organise assessment material and professional evidence after a local authority assesses but refuses to issue an EHC plan.
Read guide →Challenge an EHCP: Sections B, F & I Evidence Preparation
A practical evidence-led approach to disputed needs, special educational provision and placement wording in an EHC plan.
Read guide →EHCP Section F: Vague, Missing or Undelivered Provision
How to compare Section F with professional recommendations and organise evidence where special educational provision is vague, omitted or not being delivered.
Read guide →EHCP Annual Review Dispute: Delay, Amendments & Next Steps
How to build a record of the annual review, recommendations, requested amendments, local-authority decisions and disputed provision or placement.
Read guide →Wolfe & Black is not a firm of solicitors. We provide case preparation and non-reserved support. Reserved legal activities or representation are only undertaken where lawfully permitted.
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