EHCP Refused? What To Do Next

Charlotte
6 days ago
3 min read

Getting an EHCP refusal letter can feel like a punch to the gut. You've gathered evidence, filled in forms, explained your child's needs—and the Local Authority has said no.

It's frustrating. It's exhausting. And it's completely understandable if you're feeling overwhelmed right now.

But here's what you need to know: a refusal is not the end of the road.

Many parents successfully challenge these decisions. The key is understanding your options and taking the right steps.

Why Do Local Authorities Refuse EHCP Requests?

Before deciding what to do next, it helps to understand why the refusal happened. Common reasons include:

"The school can meet needs from existing resources" – The LA believes your child's needs can be supported through SEN Support (the standard school-based help)
"Insufficient evidence of need" – The reports or information provided didn't demonstrate needs clearly enough
"Needs are not significant enough" – The LA doesn't consider the level of need to meet the legal threshold

The refusal letter should explain their reasoning. Read it carefully—this tells you exactly what you need to address.

Your Two Main Options After a Refusal

You have two routes you can take. Understanding the difference matters.

Option 1: Appeal to the SEND Tribunal

You have the legal right to appeal to the First-tier Tribunal (SEND). This is an independent body—completely separate from your Local Authority.

Key points:

You have two months from the date of the refusal letter to register your appeal (or 30 days from a mediation certificate if you go through mediation first)
Mediation must be considered before appealing, though you can decline it and obtain a certificate to proceed
The Tribunal looks at the evidence independently and makes a binding decision
You don't need a solicitor to appeal—many parents represent themselves

The Tribunal exists because LAs get it wrong. Statistically, the majority of appeals that reach a hearing are decided in favour of parents.

Option 2: Make a Fresh Request

If the refusal was due to insufficient evidence, you can submit a new EHCP request instead of appealing—this time with stronger supporting information.

This might be the better route if:

You didn't have key professional reports at the time
Your child's needs have become more apparent since the request
You feel the original request didn't fully capture the situation

There's no limit on how many times you can request an EHC needs assessment.

What Should You Do Right Now?

If you've just received a refusal, here's a clear starting point:

Read the refusal letter carefully – Identify exactly what reasons the LA has given
Check your deadlines – Note the date of the letter and count forward two months for the appeal deadline
Gather your evidence – Collect any reports, letters, or assessments that support your child's needs
Consider what's missing – Would a new report from a professional (e.g., educational psychologist, speech therapist, paediatrician) strengthen your case?
Decide your route – Appeal, fresh request, or both? You can submit a new request while an appeal is ongoing

What Evidence Strengthens Your Case?

The strongest cases include:

Professional assessments – Educational psychology reports, speech and language assessments, occupational therapy reports
Medical evidence – Letters from paediatricians, CAMHS, or other specialists
School records – SEN Support plans, IEPs, records of interventions tried and their impact
Your own evidence – A clear parent statement describing daily challenges, how needs affect learning, and what support is required

Focus on showing impact. The question isn't just "what are my child's difficulties?" but "how do those difficulties affect their ability to access education without additional support?"

Do You Need Professional Help?

You don't have to get help. Many parents navigate this process alone and succeed.

But if you're feeling unsure about:

Whether to appeal or reapply
What evidence you need
How to structure your case
What to write in your appeal or request

…then getting guidance can save time, reduce stress, and strengthen your position.

You're Not Out of Options

A refusal can feel final—but it isn't. The system includes appeal rights precisely because initial decisions aren't always right.

What matters now is taking informed action rather than reacting in panic.

Need help figuring out your next steps? We support parents through exactly this situation—whether that's reviewing your refusal letter, helping you understand your options, or preparing for an appeal. Get in touch and we can talk through what makes sense for you.

Book a Call