EHCP refused: what to do next

A refusal is not the end. Many families who are refused an assessment or a plan go on to get one, through a conversation with the council, mediation or an appeal to the SEND Tribunal.

1. Read the decision letter

Check the date on the letter, the reasons given, and whether it is a refusal to assess or a refusal to issue a plan after an assessment. The letter should tell you about your right to appeal, mediation, and where to get advice.

2. Note your deadline

You usually have 2 months from the date on the decision letter to appeal, or 1 month from the date of a mediation certificate, whichever is later. These time limits are strict. Use the deadline calculator to work out yours.

3. Contact the mediation service

Before you can appeal, you must contact the mediation adviser named in the letter. You can choose to go to mediation or not. Either way you will get a certificate, which you need to lodge an appeal. The only exception is an appeal solely about the school named in a plan.

4. Ask the council to reconsider

You can ask for a meeting and send new evidence at the same time. Sometimes a decision changes once the council sees fuller information. Keep to your appeal deadline while you talk.

5. Appeal to the SEND Tribunal

The First-tier Tribunal (Special Educational Needs and Disability) is independent of the council. Appealing is free and you do not need a lawyer. Free help is available from IPSEA, SOS!SEN and your local SENDIASS service.

6. Strengthen your evidence

A dated diary of what you see at home and hear from school. See how to gather evidence.
School records: attendance, behaviour logs, exclusions, SEN Support plans and progress data.
Reports from professionals, including any you arrange privately.
Emails and letters, saved in date order.

Clear, dated evidence will not decide your case. It can help you explain it.

Common questions

How long do I have to appeal an EHCP refusal?

Usually 2 months from the date on the decision letter, or 1 month from the date of the mediation certificate if that is later.

Do I have to go to mediation before appealing?

You must contact the mediation adviser and get a certificate, but you can choose not to go to mediation itself. Appeals only about the named school do not need a certificate.

Does it cost money to appeal to the SEND Tribunal?

No. There is no fee to appeal, and you do not need a lawyer. Free advice is available from IPSEA, SOS!SEN and SENDIASS services.

Can I request another assessment instead?

You can, but the council does not have to assess again if it assessed in the last 6 months. Appealing keeps your options open.

Keep a record as you go

EHCPlog is a 30-second daily diary for parents. Your notes become a dated evidence pack for the council, the school or a tribunal.

Start your diary free Join the waitlist Get the free template

This guide is general information about the law in England, not legal advice. Practice varies between councils. For advice on your situation, contact IPSEA or your local SENDIASS service. Both are free and independent. Last reviewed 1 November 2026.