Your EHC needs assessment was refused. What happens now?

This guide is about a refusal to carry out an EHC needs assessment, in England. The process is different in Scotland, Wales and Northern Ireland.

First, check what has actually been refused

There are several EHC decisions you can appeal, and they are not interchangeable. A local authority might:

• Refuse to carry out an EHC needs assessment or reassessment
• Assess, but refuse to issue an EHC plan
• Issue a plan whose education sections (B, F and I) you disagree with
• Refuse to change those education sections of an existing plan
• Decide an existing plan is no longer needed

So before doing anything else, read the decision letter carefully and work out which decision has actually been made. This guide covers the first one: a refusal to assess.

Do I have to go to mediation?

This is easy to misunderstand. In most cases you need to contact a mediation adviser before you can appeal. That does not necessarily mean you have to go through mediation itself. If, after speaking to the adviser, you decide not to mediate, you can still get the certificate you need to proceed. There are also some exceptions to the mediation-advice step for certain appeals.

So don't assume either "I have to agree to mediation" or "I can ignore mediation completely." Check which requirement applies to the decision you are challenging.

Now start building the picture

An appeal isn't made stronger by producing the biggest possible bundle of documents. What matters is showing clearly why an assessment is needed. Start bringing together the information that shows your child's needs and the support currently in place. That might include:

• School reports and SENCO correspondence
• Records of the SEN support already being given
• Professional reports or assessments, and relevant medical or therapy information
• Attendance information, where relevant
• Examples showing difficulties at school, and support that has already been tried
• The local authority's decision letter and its reasons

Don't worry at first about making it look perfect. Get the information together first.

Then turn information into a case someone can follow

This is where families get overwhelmed. You might have three years of emails, reports from different professionals, school notes and examples from home. You know your child. Someone reading the case for the first time doesn't. So build a simple chronology: what needs were identified, when, what support was put in place, what happened, what still isn't working, and what evidence supports each point. That is far more useful than a folder of 87 documents with no explanation of why they matter.

What AI could help with

• Turn a long decision letter into a plain-English summary
• Build a timeline from your notes and correspondence
• Pull together the needs mentioned across several reports
• List the support that has already been tried
• Organise your evidence under clear headings
• Suggest questions to ask the SENCO, the local authority or an adviser
• Explain unfamiliar terminology before you seek further advice

A better way to ask AI for help

Now AI is doing something it is genuinely good at: helping you get control of the information. You are still making the decisions.

You do not have to become a SEND expert overnight

Systems like SEND are hard partly because one side deals with them every day, while the person on the other side suddenly has to learn the language, the process and the deadlines at one of the most stressful points in family life. AI doesn't fix that system. But it can give families another pair of hands for the information-heavy parts: explaining, organising, summarising, and helping you put something into words when you are staring at a blank screen. Sometimes having your back doesn't mean taking over. It means making sure you are not facing the paperwork alone.

Where to get proper help

• IPSEA (Independent Provider of Special Education Advice), for free legally-based advice
• Your local SEND Information, Advice and Support Service (SENDIASS)
• Check whether you qualify for legal aid
• The SEND Tribunal's own guidance on how to appeal
• EHCP Expert, a step-by-step tool to help guide you through the process

This guide is general information for England, not legal advice or individual SEND advice. The process and deadlines can depend on the exact decision being challenged and can change. Check your own decision letter and the current official guidance.