Receiving a refusal is an exhausting experience, but you don’t have to navigate this complex legal landscape alone. I can provide expert support across all aspects of the EHCP process, from the initial application and evidence gathering to navigating mediation and preparing for a tribunal. By ensuring your case is built on robust evidence and aligned with the legal "two-part test," I work to ensure your child has the best possible chance of receiving the appropriate, tailored support they deserve to thrive in their education.
1. Understand the "Two-Part Test"
The Local Authority must legally carry out an assessment if your child meets two criteria under the Children and Families Act 2014:
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The child has or may have special educational needs (SEN).
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It may be necessary for special educational provision to be made in accordance with an EHC plan.
Notice the word "may." This is a relatively low legal threshold. Many LAs reject applications based on internal policies (like "the school hasn't spent £6,000 yet") rather than the law. If your rejection letter uses policy-heavy language, you likely have strong grounds for an appeal.
2. Decipher the Refusal Letter
The LA is legally required to send you a letter explaining their decision. Read this carefully.
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Check the deadline: You usually have two months from the date on the letter to lodge an appeal or request mediation.
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Identify the "Why": Did they claim the school can meet needs through "ordinarily available provision"? Did they say there isn't enough evidence of a "Plan, Do, Check, Act" cycle? Knowing their "why" helps you build your "why not."
3. The Mediation Milestone
Before you can appeal to a tribunal, you must at least consider mediation.
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The Certificate: You need to contact a mediation service (listed in your refusal letter) to get a mediation certificate. You can choose to actually attend a mediation meeting, or simply receive the certificate to move straight to an appeal.
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Why try mediation? It is often faster than a tribunal. It’s an informal meeting where you can present new evidence or clarify misunderstandings. Many cases are settled here without ever reaching a court.
4. Gathering Fresh Evidence
A "No" often means the LA didn't see enough proof of the impact of your child's needs. Use this time to:
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Request a SAR: If you haven't already, submit a Subject Access Request (SAR) to the school to see all internal emails and reports regarding your child.
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Log the "Shadow" Needs: Schools often see a child who is "quiet" or "masking." Keep a diary of meltdowns at home, refusal to go to school, or the hours of homework help you provide. This is vital evidence of unmet needs.
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Independent Reports: If possible, independent professional reports (including a sensory profile conducted by Practical SEND Solutions) can carry significant weight.
5. Lodging a Tribunal Appeal
If mediation doesn't work, you can appeal to the First-tier Tribunal (SEND).
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Don't be intimidated: The tribunal is more formal than mediation but is designed to be accessible to parents. You do not need a lawyer, though many parents find help from an advocate such as myself invaluable.
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The Success Rate: Statistically, the vast majority of parental appeals (often cited at over 90%) are successful. The tribunal looks at the law, not the LA's budget.
Key Takeaways for Parents
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Stay Organised: Keep every email, report, and letter in a dedicated folder.
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Don't Wait: Watch your deadlines. The 2-month window closes quickly.
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Seek Support: You are not alone. I am here to help!
Remember: A refusal isn't a reflection of your child's needs or your parenting. It is often just a procedural hurdle in a system under pressure. Keep pushing; the law is on your side.