What to Do When Your EHCNA is Refused

An Education, Health and Care Needs Assessment (EHCNA) is the first gate you must pass. If the LA says “no,” it doesn’t mean your child doesn’t need help—it usually means the LA doesn’t think you’ve proven it yet.

Step 1: The Decision Letter & The 2-Month Clock

The moment you receive the refusal letter, a legal clock starts ticking. You have two months from the date on that letter to either:

1. Register for mediation.
2. Appeal directly to the SEND Tribunal (after considering mediation).

Note for 2026: If your deadline falls in August or between December 25th and January 1st, you have until the first working day of the following month to submit your appeal.

Step 2: The Mediation Step (Mandatory Consideration)

You cannot go to a Tribunal without first contacting a mediation advisor. You have two choices:

• Mediation Certificate only: You speak to the advisor, they explain your rights, and if you don’t want to mediate, they send you a certificate within 3 days. You can then lodge your appeal.
• Full Mediation: You meet with the LA and a neutral mediator. Statistically, many EHCNA refusals are overturned at this stage without needing a full tribunal, as it’s an opportunity to present new evidence that the LA might have missed.

Step 3: Understanding the “Legal Test”

To win an appeal, you only need to prove two things (under Section 36(8) of the Children and Families Act 2014):

1. The child has or may have special educational needs.
2. It may be necessary for special educational provision to be made in accordance with an EHC plan.

The word “may” is your best friend here. You do not have to prove that an EHCP is definitely needed, only that it might be.

Step 4: Building Your Evidence “Bundle”

A refusal is often based on the LA claiming the school can meet the child’s needs through “Ordinary Available Provision.” Your job is to prove they can’t. You should gather:

• School Reports: Look for mentions of “not making expected progress” or “working significantly below age-related expectations.”
• Provision Maps: These show exactly what the school is already doing. If they are doing “everything” and the child is still struggling, an assessment is necessary.
• Private Assessments: If you have an independent Educational Psychologist report, this is the time to use it.
• The “Parental Voice”: A clear statement of how the child’s needs impact them at home and in school.

Step 5: Lodging the Appeal (Form SEND35A)

For a refusal to assess, you use Form SEND35A. In 2026, these are typically “paper-based” hearings, meaning a judge looks at the documents and makes a decision without you having to attend a court. However, you can still request an oral hearing if the case is complex.

Comparison: Mediation vs. Tribunal

Checklist for Your “Evidence Bundle”

When you send this to the Tribunal, make sure you include:

Any Professional Reports (Doctors, Speech Therapists, Private Psychologists).

The LA Refusal Letter (Must be included).

The Mediation Certificate (Must be included).

School Reports / IEPs / Provision Maps (To show the “Assess, Plan, Do, Review” cycle has been tried).