Appealing a refusal to issue an EHCP solicitors
We challenge EHCP refusals, helping secure recognition, support and SEN provision.
Following an Education, Health and Care (EHC) needs assessment, a local authority may decide that a child or young person does not require an Education, Health and Care Plan (EHCP). For families who have gone through the assessment process, receiving a refusal to issue an EHCP can be frustrating and leave them unsure about what support their child will receive.
You will have the right to appeal the local authority’s decision to the SEND Tribunal if you believe your child’s needs require the additional legal protection and specialist provision that an EHCP provides. Our specialist education solicitors support families in challenging refusals to issue an EHCP, helping to review the decision, gather the right evidence and present a strong appeal to secure the support your child needs to achieve their potential.
- Trusted and nationally recognised special educational needs specialists with decades of experience.
- Clear, practical support at every stage, helping families navigate complex SEN processes.
- Extensive experience challenging refusals to issue EHCPs, supporting families through EHC needs assessments, appeals and SEND Tribunal proceedings.
- Transparent and flexible fee structures, including capped fee options where appropriate.
My local authority has refused to issue an EHCP – can I appeal?
A refusal to issue an EHCP means the local authority (LA) has decided that your child’s needs can be met without the additional support and legal protections provided by a plan. However, if you believe your child requires support beyond what can reasonably be provided through SEN Support, or that the LA has not properly considered the evidence, you may be able to challenge the decision.
You may have grounds to appeal if:
Your child has ongoing special educational needs: Your child continues to require specialist support, provision or adjustments that go beyond what can ordinarily be provided by their school or setting.
The LA has not fully considered the evidence: The decision should take into account relevant reports and advice from education professionals, health specialists and other experts involved in supporting your child.
Your child’s needs have not been accurately understood: The EHC needs assessment may not have fully reflected the level of support your child requires or the impact their needs have on their education and development.
An EHCP is necessary to secure the right support: Without an EHCP, your child may not have access to the specified provision, therapies or specialist input needed to support their education.
Before starting an appeal, our specialist education solicitors will carefully review your case, advise whether an appeal is appropriate and help put a clear strategy in place. We work with families to gather the right evidence, identify the strongest arguments and prepare an appeal designed to give your child the best chance of securing the support they need.
Refusal to issue an EHCP appeal FAQs
My local authority refused to issue an EHCP, what now?
If your local authority has refused to issue an EHCP, the first step is to understand why the decision has been made and whether it accurately reflects your child’s needs.
If you disagree with the decision, you will have the right to challenge it through the SEND Tribunal. As part of the process, you will need to consider mediation before proceeding with an appeal.
Our specialist education solicitors can review the reasons for the refusal, advise on the most appropriate next steps and guide you through the process, whether that involves mediation or preparing an appeal. We can help identify any gaps in the local authority’s assessment, work with relevant experts where needed and prepare a strong case focused on securing the support and provision your child needs.
How long does a refusal to issue an EHCP appeal take?
The length of time a refusal to issue an EHCP appeal takes can vary depending on the circumstances of the case, the evidence required and whether the matter is resolved before reaching a hearing. The SEND Tribunal process can take several months from submitting an appeal to receiving a decision.
How likely is my EHCP refusal appeal to succeed?
The likelihood of success in an EHCP refusal appeal depends on your child’s individual circumstances and the strength of the evidence supporting your case.
Our specialist education solicitors will review the local authority’s decision, assess the available evidence and advise on the best approach to give your appeal the strongest chance of success. The SEND Tribunal will consider your child’s needs, the professional evidence available and whether an EHCP is necessary to secure the right support and provision.
What evidence do I need to appeal a refusal to issue an EHCP?
The evidence needed will depend on your child’s individual needs and circumstances. Evidence may include reports from education professionals, SENCOs, educational psychologists, therapists, medical professionals and other specialists involved in supporting your child.
The aim is to demonstrate why your child requires an EHCP and why their needs cannot reasonably be met through SEN Support alone.
Our specialist education solicitors can help review the available evidence, identify any gaps and work with leading experts where appropriate to ensure your appeal is supported by the strongest possible evidence.
How long do I have to appeal a refusal to issue an EHCP?
You must first consider mediation before appealing a refusal to issue an EHCP to the SEND Tribunal. The deadline to contact mediation is within two months of the local authority’s decision letter. The appeal deadline is generally within two months of the local authority’s decision letter or one month from the date of the mediation certificate, whichever is the later date.
Appeal deadlines are strict, so we recommend you contact us as soon as possible and our SEN solicitors can help you understand your options, ensure deadlines are met and guide you through the appeal process.
What happens if my appeal against a refusal to issue an EHCP is successful?
If your appeal against a refusal to issue an EHCP is successful, the SEND Tribunal can order the local authority to issue an Education, Health and Care Plan. The local authority must issue a draft EHCP within five weeks of the Tribunal’s order.
Do I need a solicitor to appeal a refusal to issue an EHCP?
You do not have to instruct a solicitor to appeal a refusal to issue an EHCP, and some families choose to represent themselves through the SEND Tribunal process. However, SEN law and the appeal process can be complex, and specialist legal advice can help ensure your case is presented as strongly as possible.
Our education solicitors have extensive experience handling EHCP appeals and can provide clear guidance throughout the process, from reviewing the local authority’s decision and identifying the right evidence to preparing your appeal strategy and supporting you through the Tribunal process.
How much does Boyes Turner's SEN services cost?
The cost of our SEN services will depend on the specific circumstances of your case and the level of support you require. Every child’s needs and situation are different, so we provide tailored advice and offer flexible fee arrangements to ensure our support is appropriate for your circumstances.
We will discuss costs with you at the outset and provide clear information about the options available.
Please note that we do not offer legal aid.
Find out more about our fees and funding options.
Why instruct our solicitors to appeal a refusal to issue an EHCP?
- Specialist experience in SEN law: Our solicitors have extensive experience advising families on the full range of special educational needs legal processes. Our expertise ensures you receive clear, accurate advice grounded in a detailed understanding of the law and how local authorities apply it in practice.
- Support throughout your SEN journey: We understand that securing the right support for a child is rarely a one-off process. Our solicitors work with families at every stage, from individual appeals and challenging local authority decisions to providing ongoing advice as your child’s needs develop. We are committed to helping ensure children receive the support and provision they need to thrive.
- Supportive and collaborative approach: The SEN process can be overwhelming. We work closely with families, schools, professionals and other advisers to ensure all evidence and communication is aligned and coherent. This collaborative approach helps streamline the process and strengthens your case.
- A leading full-service law firm: Boyes Turner is recognised by Chambers UK and The Legal 500 as a leading law firm. As a full-service firm, our specialist teams can support you with related legal needs where required, including Court of Protection, community care, medical negligence and private wealth, ensuring a cohesive and coordinated approach to your care.
Contact us
If you would like advice about a related matter, please complete the form and one of our SEN specialists will be in touch as soon as possible.
Please note we do not offer legal aid. Read about our fees.
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