SEND Tribunal Appeal: What to Do When Your Local Authority Refuses to Assess Your Child
Your complete guide to challenging a refusal and securing your child’s right to proper assessment
⚠️ Critical: Two Month Deadline
You have exactly 60 days from your refusal letter date to register your appeal. This deadline is strict and cannot be extended. Don’t wait—start preparing today.
Has Your EHC Needs Assessment Request Been Refused?
If your local authority has refused to carry out an Education, Health and Care (EHC) needs assessment for your child, you’re not alone—and you have options. Thousands of parents across England face this situation each year, but the good news is that you have the legal right to appeal to the SEND Tribunal.
In this guide, we’ll walk you through everything you need to know about appealing a refusal to assess, including your rights, the process, timelines, and how to maximise your chances of success.
Why Do Local Authorities Refuse Assessments?
Local authorities refuse assessments for various reasons, though not all are legally sound:
- Budget constraints – Though never explicitly stated, financial pressures influence decisions
- “Insufficient evidence” – Claiming not enough proof of SEN
- “Making progress” – Arguing current support is working
- “Too early” – Interventions haven’t had time to work
- “Below threshold” – Needs can be met without an EHC plan
The Legal Test is LOW: The local authority must assess if your child MAY have SEN and MAY need an EHC plan. That’s the actual threshold—not “definitely has” or “proven beyond doubt,” just “may.” Many refusals don’t properly apply this law.
Your Right to Appeal
When a local authority refuses to assess, you have the legal right to appeal to the First-tier Tribunal (Special Educational Needs and Disability). This is a free, independent process designed to be accessible to parents.
💷 Completely Free
No fees to register or attend
⏰ 2 Month Deadline
Strict 60-day window from refusal date
⚖️ Independent Panel
Judge plus SEN specialists
📈 Good Success Rate
Many parents win with strong evidence
✓ No Penalty
Can request assessment again later
👤 No Lawyer Needed
Designed for parent access
The Appeal Process (Step by Step)
Step 1: Check Your Deadline
Look at your refusal letter date. Count forward 2 months. That’s your final day to register. Mark it in your calendar with alerts.
Step 2: Gather Your Evidence
Strong evidence is crucial. You need to demonstrate:
- Your child may have special educational needs
- They may require provision beyond ordinary SEN Support
- An assessment would be appropriate
Powerful evidence includes:
- Professional reports (educational psychologist, speech therapist, OT)
- School progress data showing gaps widening
- Examples of your child’s work vs peers
- Records of interventions and their limited impact
- Medical reports (if relevant to education)
- Teacher assessments and observations
- Your detailed parental observations
- Attendance/behavior incident logs
Step 3: Register Your Appeal
Register online at the SEND Tribunal website or by post. You need:
- The refusal letter
- Brief reasons for appeal (can expand later)
- Your child’s basic information
Don’t wait for perfect evidence. Register within the deadline, then continue building your case. You can submit additional evidence later—missing the deadline cannot be fixed.
Step 4: Prepare Your Case
The LA submits their response in 30 working days. You then reply to their arguments. This is when to:
- Obtain any outstanding professional reports
- Request school data and records
- Organize evidence with clear explanations
- Consider professional representation
- Prepare your witness statement
Step 5: The Hearing
Hearings are less formal than court but are legal proceedings. The panel wants to hear:
- Why your child may have SEN
- What evidence supports this
- Why an assessment is necessary
- Why current provision isn’t sufficient
Step 6: The Decision
Written decision arrives within 10 working days. If you win, the LA must assess your child. They cannot appeal.
Counter Their Common Arguments
“The child is making adequate progress”
Counter with:
- Data showing gap widening or static despite support
- Progress only with intensive support that must continue
- Progress in one area doesn’t mean all needs met
- Comparison to national age-related expectations
“Current SEN Support is sufficient”
Counter with:
- Level of support needed exceeds SEN Support scope
- Need for specialist provision/equipment
- Support so substantial it requires EHC plan protections
- Examples of similar children with EHC plans
“We need more time for interventions”
Counter with:
- Interventions in place for reasonable period without impact
- Needs already well-documented
- Assessment needed to identify right provision
- Delay is harmful to child’s progress/wellbeing
“Not enough evidence”
Counter with:
- Multiple professional sources provided
- Consistency across settings/time periods
- Lack of evidence partly due to lack of assessment
- The test is “MAY” have SEN, not proven certainty
Maximise Your Success
If You Win
If the Tribunal orders assessment, the LA must begin within a reasonable timeframe (assessment completes within 16 weeks).
They must seek advice from:
- Your child’s school/setting
- You (the parents)
- Relevant health professionals
- Social care (if relevant)
- Educational psychologist
- Anyone else whose advice is necessary
After assessment, they decide whether to issue an EHC plan. If they refuse, you can appeal that decision too.
If You Don’t Win
Not all is lost:
- Request another assessment in 6 months (or sooner with significant change)
- Continue SEN Support and regular reviews
- Keep gathering evidence for stronger future case
- Consider judicial review if procedural issues (needs legal advice)
Getting Help
Free support:
- IPSEA – free legally-based information
- SOS SEN – free advice and templates
- Local parent carer forums – peer support
- Citizens Advice
Paid support:
- SEND solicitors specializing in education law
- Independent SEND advocates
- Educational psychologists for assessments/reports
- Case workers for case preparation
Why Act Quickly Matters
The two-month deadline is absolute. Missing it means losing your right to challenge through the Tribunal. Even with strong evidence later, you’d need a fresh assessment request.
Additionally, every day without appropriate support is lost learning. Children with SEN often find “catch up” harder than “keep up”—early identification matters.
Understanding the “MAY” Threshold
The legal threshold for requiring assessment is deliberately low. The LA doesn’t need certainty your child has SEN or will definitely need an EHC plan—just that it’s reasonably possible.
The Children and Families Act 2014 requires assessment where the LA believes the child has or may have SEN, and it may be necessary for provision through an EHC plan.
“May” appears twice—emphasizing possibility, not certainty. The assessment determines needs with greater certainty.
Mistakes to Avoid
- ❌ Missing the deadline – most critical error
- ❌ Insufficient evidence – get professional reports
- ❌ Too emotional – present facts calmly
- ❌ Not responding to LA’s case – address their arguments
- ❌ Focusing on blame – focus on child’s needs
- ❌ Giving up early – many succeed with preparation
Your Child Deserves Proper Assessment
Appealing to SEND Tribunal can feel daunting, but it’s designed for parents. The Tribunal ensures children who may have SEN get proper assessment.
You have a legal right. The process is free. Many appeals succeed.
Take Action Now
Don’t let the deadline pass. Your child’s education and future may depend on getting the right support in place now.
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