Receiving a letter from your Local Authority (LA) stating that they have refused to carry out an Education, Health and Care (EHC) needs assessment is a devastating blow. You have likely spent months watching your child struggle, gathering school reports, and hoping that this assessment would finally be the turning point to get them the support they deserve.
When that refusal letter lands, it feels like a definitive door closing. But here is the most important thing you need to know today: The Local Authority's "No" is very often wrong, frequently unlawful, and absolutely challengeable.
At Practical SEND Solutions, I specialize in helping parents overturn these decisions and secure the vital assessments their children are legally entitled to.
🚫 Why Do Local Authorities Refuse to Assess?
Local Authorities are under immense budgetary pressure, which unfortunately means they often use internal, restrictive criteria to gatekeep assessments. You might have been told:
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"Your child is making academic progress, so they don't need an assessment."
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"The school needs to spend more from their own SEN support budget first."
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"Your child’s needs aren't severe enough to meet our local criteria."
Here is the catch: these internal policies frequently do not align with the actual law.
The Real Legal Threshold
The legal test for whether a Local Authority must carry out an EHC needs assessment is found in Section 36(8) of the Children and Families Act 2014. It is intentionally a very low threshold. The LA must agree to assess if:
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The child or young person has or may have special educational needs (SEN); and
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It may be necessary for special educational provision to be made for the child or young person in accordance with an EHC Plan.
Notice the word "may." It doesn't say you have to prove your child definitively needs a full plan right now; it simply means there is a possibility. If your child has documented needs and isn't making the progress they should despite the school's best efforts, they meet this legal threshold.
🛠️ How Practical SEND Solutions Helps You Turn a "No" into a "Yes"
Appealing a refusal to assess can feel overwhelming, especially when you are already emotionally exhausted. That is where I come in. Using my years of experience in educational settings and deep knowledge of the SEND legal framework, I handle the heavy lifting to build an unshakeable case.
When you work with me to challenge a refusal to assess, we will:
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Expose the Gaps in the LA's Decision: I will review the LA's refusal letter alongside your child's school records, IEPs (Individual Education Plans), and medical or therapist reports to highlight exactly where the LA ignored the legal threshold.
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Draft Precision Grounds of Appeal: I translate your child’s lived daily struggles and professional evidence into a robust, legally grounded appeal document for the SEND Tribunal.
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Evidential Optimization: If your child's school hasn't properly documented the support they've already tried, I advise on exactly what evidence, data, or independent formatting we need to pull together to satisfy the tribunal panel.
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Remove the Administrative Stress: I guide you through the mandatory mediation process and manage the strict tribunal timelines so you never have to worry about missing a deadline or misinterpreting a legal term.
Did you know? The vast majority of parents who appeal a refusal to assess to the SEND Tribunal win their cases. When the evidence is presented strictly against the legal framework rather than an LA's internal budget policies, independent tribunal judges overwhelmingly rule in favor of the child.
Don't Let the Appeal Window Close
You only have two months from the date on your LA’s decision letter (or one month from the date of your mediation certificate, whichever is later) to lodge an appeal.
Your child shouldn't have to "fail completely" before they are granted the right to be assessed. Let’s cut through the bureaucratic red tape together and get your child the framework of support they need to thrive.
Did you just receive a refusal to assess letter? Time is of the essence. Contact Practical SEND Solutions today for a consultation, and let's start building your child's route to a successful appeal.