First, don’t accept it by default
Many requests are refused at first and later succeed. A refusal often means the local authority wants more evidence, not that your child does not need support.
Know which decision was refused
There are two common refusals: refusing to carry out an assessment, and, after assessing, refusing to issue a plan. The route to challenge is similar, but the evidence you gather differs.
Your right to challenge
- Ask for the decision to be reconsidered
- Request mediation, which is free, before appealing
- Appeal to the SEND Tribunal within the time limit
Build your case clearly
Keep everything in writing, focus on needs and outcomes, and be specific about where current support falls short. Gather reports from school and professionals, and concrete examples of what is not working.
The hardest part is rarely the rules. It is the jargon, the deadlines, and feeling alone against a system that does this every day while you are doing it for the first time.
We build AI that walks alongside families through exactly this: explaining the letters, suggesting what to ask for and when, and helping you put it in writing clearly.
See what we build for people →This guide is general information to help you understand the process. It is not legal advice and does not replace a qualified adviser or your local authority’s official guidance. Rules and timescales can change, so always check the current position for your area.
Common questions
Can I appeal an EHCP refusal myself?
Yes, you do not need a solicitor. The SEND Tribunal is designed to be used by parents directly, and there is free mediation available before that stage.
How long do I have to appeal?
Appeals to the SEND Tribunal generally must be made within a set window after the decision, commonly two months. Check the exact deadline on your decision letter and do not let it pass.
What evidence helps most on appeal?
Specific, written examples of where the current support is falling short, plus reports from the school and any professionals involved. Focus on needs and outcomes rather than labels.
Does trying mediation delay my appeal?
No. Mediation is a separate, optional step that sits before appeal, and your right to appeal is protected while you try it.