Challenging a refusal to assess for an EHCP decision

Specialist SEN legal support to guide families through securing a comprehensive Education, Health and Care Plan that accurately reflects their child’s individual needs, provision required and a suitable placement.

We help families secure EHCPs, appropriate support and protect their child's educational rights.

Securing an Education, Health and Care Plan (EHCP) is a crucial step for children and young people with special educational needs (SEN).

However, local authorities may refuse to carry out an assessment or delay the process, leaving families unsure of their options. Challenging a refusal to assess via an appeal swiftly and appropriately can lead to early concessions and follow on decisions to issue a plan (the second stage test). Expert evidence is invaluable at this stage.

Boyes Turner’s specialist SEN solicitors provide practical and expert guidance to families seeking to challenge a refusal to assess. Our experience ensures you understand your rights, follow the correct procedures, and maximise the likelihood of securing the appropriate support for your child.

Trusted and nationally recognised special educational needs specialists with decades of experience.
Clear, practical support at every stage of SEN appeals, helping families navigate the complex SEN processes.

Extensive experience challenging local authority refusals to assess for an EHCP, including representation at SEND Tribunal proceedings.
Transparent and flexible fee structures, including capped fee options where appropriate.

Our EHCP needs assessment appeal services

Appealing a refusal to assess

Our team take strategic pathways to deliver the earliest possible resolutions to support you through the appeal process to the Special Educational Needs and Disability Tribunal (SENDIST).

Supporting evidence and documentation

We help families gather and present appropriate evidence to demonstrate why an assessment is required, including educational, medical, and professional reports. This ensures your child’s needs are fully documented and considered.

Mediation and negotiation

Before an appeal, a mediation meeting is an option. We provide guidance on mediation, communicate effectively with the local authority, and explore all opportunities to resolve disputes without the need for Tribunal proceedings.

Tribunal representation

Where a Tribunal appeal hearing is necessary, our team support you at every stage, ensuring you feel confident and empowered.

Refusal to assess EHCP appeal FAQs

Can I appeal if my child’s local authority refuses to assess them?

Yes. If a local authority refuses to carry out an Education, Health and Care (EHCP) needs assessment, you have the right to challenge that decision.

The first step is usually to engage with the local authority, raise your concerns, and request that they reconsider their decision. If this does not resolve the issue, you can appeal to the Special Educational Needs and Disability Tribunal (SEND Tribunal).

A solicitor specialising in SEN can guide you through the process, advise on the evidence needed to support your case, ensure statutory deadlines are met, and represent or support you through mediation and, if necessary, Tribunal proceedings.

We always recommend that early legal advice is important, as it increases the likelihood that your child’s needs will be recognised and that an assessment will be carried out promptly.

How do I start an appeal for a refusal to assess my child?

If your child’s local authority has refused to carry out an EHCP needs assessment, the appeal process begins with formally challenging that decision. This usually involves submitting an application to the Special Educational Needs and Disability Tribunal (SEND Tribunal), explaining why an assessment is necessary and providing supporting evidence.

Do I need a solicitor to challenge a refusal to assess?

No, you do not need to instruct a solicitor to challenge a refusal to assess, but specialist legal support can be highly beneficial.

SEN law involves strict deadlines, procedural requirements, and detailed evidence, and a solicitor can guide you through each stage, from preparing your case and gathering documentation to liaising with the local authority and, if necessary, representing you at the SEND Tribunal.

Our SEN solicitors ensure the process is less stressful, ensure all requirements are properly met, and increase the probability that your child’s needs will be recognised and an assessment carried out promptly.

What evidence do I need to support my child’s appeal?

To support an appeal against a refusal to carry out an EHCP needs assessment, it is important to provide evidence that clearly demonstrates your child’s educational, health, or care needs. This may include school reports, teacher assessments, specialist educational or psychological reports, medical records, therapy reports, and any professional recommendations relating to your child’s development and learning.

Our specialist SEN solicitors can advise on which evidence is most relevant, help you gather and organise it effectively, and ensure it is presented in a way that strengthens your appeal.

How long does the refusal to assess appeal process usually take?

The length of the appeal process can vary depending on several factors, including the complexity of your child’s needs, the amount of evidence required, the local authority’s response times, and whether mediation is involved. Typically, appeals begin with discussions or formal challenges with the local authority, followed by mediation if necessary, and then the SEND Tribunal if the matter remains unresolved.

Our specialist SEN solicitors help manage each stage efficiently, advise on likely timescales, and ensure that all deadlines are met.

What are my child’s rights if the local authority refuses to assess?

If a local authority refuses to carry out an EHCP needs assessment, your child still has statutory rights under the Children and Families Act 2014. This includes the right to have the refusal formally reconsidered, access to mediation, and, if necessary, the right to appeal the decision to the Special Educational Needs and Disability Tribunal (SEND Tribunal).

How much does it cost to involve a solicitor for an EHCP needs assessment appeal?

Many families worry about legal costs, but expert support can be more affordable than you might expect. We are committed to providing expert, clear, and easy to understand advice. Part of that commitment is to be clear about costs. We understand that every case is different, and we tailor all quotes to the amount of support you need and costs will be transparent throughout the whole process.

For more information fees, read our dedicated page.

Please note we do not offer legal aid.

What happens if the refusal to assess appeal is successful?

If your appeal against a refusal to assess is successful, the local authority is legally required to carry out an Education, Health and Care (EHCP) needs assessment for your child. This assessment will determine your child’s educational, health, and care needs and inform the support and provisions they are entitled to.

Our specialist SEN solicitors could continue to support you throughout the assessment process, ensuring that your child’s needs are accurately documented and that the local authority meets its statutory obligations.

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 use our solicitors to appeal a refusal to assess?

Highly experienced in SEN law: Our specialist SEN solicitors have extensive knowledge in challenging local authority refusals, interpreting statutory requirements, and representing families effectively before the SEND Tribunal. Having guided many families through this process, we can manage your situation with confidence, efficiency, and expertise.

Tailored advice and practical guidance: Every child and family situation is unique. We take the time to understand your child’s individual needs and circumstances, providing clear, practical advice and guiding you through the most effective steps to secure an assessment. Our focus is on helping your child access the educational and care provisions they are entitled to.

Collaborative approach: We work closely with schools, professionals, and other advisers to ensure evidence is comprehensive and submissions are coordinated. This collaborative approach minimises delays, strengthens your case, and helps achieve the best possible outcome for your child.

Full-service leading law firm: Boyes Turner is recognised by Chambers UK and The Legal 500 as a leading law firm. As a full-service firm, you also have access to other specialist teams, including Court of Protection, community care, medical negligence, and private wealth. This ensures a seamless, coordinated approach to your child’s education, care, and wider support needs.

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.

Or give us a call:

0118 467 6547

Special educational needs insights

Our special educational needs solicitors

Our SEN case studies

What our clients say

Tribunal for placement

Laxmi helped with my son tribunal case in regard to section I of his EHCP. Our tribunal got brought forward by 6 months early, not giving us much time to get everything in place. Laxmi was great and said we can do it even with just little time left to get prepared and ready for the Tuesday. As a parent, I didn’t know what we needed to send or do, Laxmi took the time to explain everything to us and what we needed to do to prepare for the tribunal. Laxmi went above and beyond to help us and successfully won getting the school we needed for are son to start in September 2024. I would highly recommend Laxmi to take on the local authority in regard to any EHCP appeals. Thank you for everything you’ve done for us.

Natalie

What our clients say

We were immediately impressed

We were immediately impressed with James and our initial judgment proved correct as we went on to negotiate with Essex a care package for our daughter. Throughout the process, James supported us and was always on hand to give us excellent advice, source and guide an ISW in writing a report for us, and assist with crafting skilfully worded emails to the Authority. More importantly for us, James was always kind and understanding, and brought a wonderful sense of humour to our meetings. We feel most fortunate to have found him and would not hesitate to recommend him

Kitty Carrick

What our clients say

SEN Tribunal

Laxmi’s exceptional understanding in SEN law combined with her professional, honest and empathic approach gave us the assurance that we had a solicitor who was and would continually do her best on our behalf. We would highly recommend any one seeking a SEN solicitor to use Laxmi.

David Bernstein

What our clients say

Support with the EHCP appeal

We would like to thank the Boyes Turner team, especially Janata Ali, for the exceptional support throughout the process. Just over a year ago we were lost and scared for our child’s future. It is a completely different reality today. Our child is much happier in the new school, with all the support and the quality of teaching, mentoring that he is receiving. It was the right battle to fight. It would not have been possible without Janata’s help, guidance, experience and commitment to our case. We are endlessly grateful, as this means that our child can have a better quality of life now and better prospects in the future.

Boyes Turner Client

What our clients say

SEN support for EHCP

Janata Ali is an expert in n her field which resulted in us winning our case against the local authority to issue an EHCP for our son. Our son will hopefully now thrive and we will be forever grateful for her help and support with our case.

Boyes Turner Client

What our clients say

I would most definitely recommend

James, Laxmi and Daisy, worked so Patrick’s case, due to his very complex profile we had to go through three tribunals. They all worked so hard to secure our son’s placement. I would most definitely recommend James and Laxmi to anyone wishing to pursue the right provision for their young person.

Cath and Phil

What our clients say

I’m thankful

I’m thankful that we found James, without him my son would have been abandoned by his Local Authority. Moving on from college is a stressful process for all the family, & Local Authority knows this & uses this to try & push parents to the limit, by ignoring their responsibility hoping that you will give up . In came James, took pressure off me & onto them . Highly recommend. We won , my son now can start his transition to his next chapter. Thank you.

Rebecca Wallace

What our clients say

James was a pleasure to deal with

We contacted Boyes Turner earlier this year after we ran into a dispute with our local authority. This was about a social care matter and learning disability. The case was handled with professionalism and tact. James was a pleasure to deal with. Clear communication, humour and detailed knowledge of the law in this area.

Andrew

What our clients say

James was knowledgeable but at the same time very approachable

The help and support we received from James for our son’s EHC plan has been absolutely invaluable. With his help, we were able to secure an outcome that suits our child. James was knowledgeable but at the same time very approachable and made a very stressful process much more manageable.

Boyes Turner Client

What our clients say

Guiding us through EHCP and transition

James Pantling-Skeet helped us prepare my daughter’s EHCP to gain a good placement for the future. He was patient, extremely knowledgeable, had brilliant contacts, helped withe emotional upheaval and organised meetings with all parties to keep everything on track. We had the best outcome we could have had due to his professionalism. He was very caring too. He and his team worked tirelessly and answered our queries promptly. I would highly recommend their service.

Boyes Turner Client

Recognised leading UK law firm

Boyes Turner is consistently ranked as a leading law firm by top legal directories Chambers and Partners and The Legal 500.

Challenging a refusal to assess for an EHCP decision

We help families secure EHCPs, appropriate support and protect their child's educational rights.

Our EHCP needs assessment appeal services

Appealing a refusal to assess

Supporting evidence and documentation

Mediation and negotiation

Tribunal representation

Refusal to assess EHCP appeal FAQs

Why use our solicitors to appeal a refusal to assess?

Contact us

0118 467 6547

Special educational needs insights

Our special educational needs solicitors

Laxmi Patel

James Pantling-Skeet

Rachael Allison

Emma Trevett

Steven Baylis

Janata Ali

Lacie Smith

Rachel Baxter

Daisy Fox-Clarkin

Libby Buxton

Amber Puri

Our SEN case studies

What our clients say

Tribunal for placement

What our clients say

We were immediately impressed

What our clients say

SEN Tribunal

What our clients say

Support with the EHCP appeal

What our clients say

SEN support for EHCP

What our clients say

I would most definitely recommend

What our clients say

I’m thankful

What our clients say

James was a pleasure to deal with

What our clients say

James was knowledgeable but at the same time very approachable

What our clients say

Guiding us through EHCP and transition

Recognised leading UK law firm

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