The Local Authority Refused to Assess My Child – What Can I Do Next?

Being told that your child doesn't qualify for an Education, Health and Care (EHC) Needs Assessment can feel devastating. Many parents spend months gathering evidence, speaking to schools and explaining their child's difficulties, only to receive a letter saying the Local Authority has refused to assess.

If this has happened to you, don't assume that's the end of the process.

Many refusals are successfully challenged every year, and you have the right to question the Local Authority's decision.

In this guide, I'll explain why refusals happen, what the legal test actually is, and the options available if you disagree.

Can the Local Authority refuse to carry out an EHC Needs Assessment?

Yes.

The Local Authority can decide not to carry out an EHC Needs Assessment if it believes the legal threshold has not been met.

However, that doesn't mean the decision is correct.

Many parents receive refusal letters that rely on generic statements such as:

• "The school is already meeting your child's needs."

• "Reasonable adjustments are already in place."

• "Progress is being made."

• "The evidence does not indicate an EHCP is necessary."

These statements should always be considered alongside the evidence available.

What is the legal test?

The legal test isn't whether your child definitely needs an EHCP.

Instead, the question is whether:

• your child may have special educational needs, and

• it may be necessary for special educational provision to be made through an EHCP.

The threshold is intentionally low.

The purpose of an assessment is to gather evidence and determine whether an EHCP is required.

Why are assessments refused?

Every case is different, but common reasons include:

• The Local Authority believes the school can meet need from its own resources.

• Evidence hasn't clearly identified the child's needs.

• There is limited professional evidence available.

• Attendance or attainment data has been interpreted differently.

• The Local Authority considers existing interventions sufficient.

A refusal doesn't necessarily mean your child doesn't need an EHCP.

It means the Local Authority believes the available evidence doesn't justify carrying out an assessment.

What should I do first?

Before appealing, read the refusal letter carefully.

Ask yourself:

• What reasons has the Local Authority given?

• What evidence did they rely on?

• Has anything important been overlooked?

• Does the school agree with the decision?

• Are there professional reports that haven't been considered?

Understanding why the assessment was refused helps determine the most appropriate next step.

Can I appeal?

Yes.

Parents have the right to appeal a refusal to carry out an EHC Needs Assessment.

Before submitting an appeal, you'll usually need to consider mediation, although you don't have to participate in mediation if you don't wish to.

Appeals are heard by the First-tier Tribunal (Special Educational Needs and Disability).

What evidence will help?

Strong evidence often includes:

• School reports.

• SEN Support plans.

• Educational Psychology reports.

• Speech and Language Therapy reports.

• Occupational Therapy reports.

• Medical evidence.

• Attendance records.

• Behaviour records.

• Parent evidence explaining the impact on everyday life.

Good evidence explains not only your child's diagnosis, but how their needs affect learning and why additional provision may be required.

Does my child need a diagnosis?

No.

This is one of the biggest myths surrounding EHCPs.

A diagnosis can be helpful, but it isn't a legal requirement.

The focus should always be on your child's educational needs and the provision required to meet them.

Common mistakes parents make

When supporting families, I often see the same issues:

• Accepting the refusal without challenge.

• Assuming a diagnosis is essential.

• Waiting too long before seeking advice.

• Focusing only on academic attainment.

• Not explaining the impact of unmet needs.

• Relying solely on school evidence.

Frequently Asked Questions

How long do I have to appeal?

Appeal deadlines are strict, so it's important to seek advice as soon as you receive the refusal.

Can I apply again instead?

Sometimes a fresh application is appropriate, but in many cases an appeal may be the better option. This depends on the reasons for refusal and the available evidence.

Will my child automatically get an EHCP if I win?

No.

Winning an appeal means the Local Authority must carry out an EHC Needs Assessment.

Following the assessment, they will decide whether to issue an EHCP.

Does my child need to be failing at school?

No.

Children can make academic progress whilst still having significant unmet special educational needs.

Need Advice About a Refusal to Assess?

Every child's circumstances are different.

If your Local Authority has refused to carry out an EHC Needs Assessment and you're unsure whether to challenge the decision, I can review the refusal letter, consider the available evidence and advise on the strength of your case.

Find out more about my EHCP Application & Initial Case Review service, or get in touch to discuss your child's situation.