Appealing a refusal to issue
What is a refusal to issue?
After an EHC needs assessment, the local authority (LA) may decide not to issue an Education, Health and Care (EHC) plan. This is called a refusal to issue. You have the right to appeal this decision to the SEND Tribunal.
When should the LA issue an EHC plan?
The law says the local authority must issue an EHC plan if it is necessary for special educational provision to be made through a plan.
This is set out in Section 37(1) of the Children and Families Act 2014, it states:
Where, in the light of an EHC needs assessment, it is necessary for special educational provision to be made for a child or young person in accordance with an EHC plan:
- the local authority must secure that an EHC plan is prepared for the child or young person, and
- once an EHC plan has been prepared, it must maintain the plan.
This means that your LA must decide whether the evidence gathered during the EHC needs assessment shows that it is “necessary” for your child or young person to have an EHC plan.
Do I need to go to mediation?
The law says you have to consider mediation and get a mediation certificate before you can register a refusal to issue appeal. You will need a certificate to lodge an appeal.
What can I say in my appeal?
You can explain:
- why your child or young person has or may have special educational needs
- why they may need support that goes beyond what the school or college can provide without an EHC plan.
You can include:
- school reports
- letters from professionals (e.g. SENCOs, therapists, doctors)
- examples of unmet needs or lack of progress
- evidence of exclusions, anxiety, or emotionally-based school avoidance.
How to appeal – step-by-step
- Decide whether you would like to attend mediation:
- You need a mediation certificate to submit a refusal to issue appeal.
- Complete the SEND35 Appeal Form
- You can find it here: SEND35.
- Include the following in the form:
- your child’s details (or your own, if you’re a young person)
- your contact details
- the name of your local authority
- the date of the decision letter
- your mediation certificate
- any accessibility needs.
- Write your reasons for appeal:
- be clear and structured. Use short paragraphs or numbered points. Focus on facts and evidence. Refer to reports, assessments, and examples of unmet needs.
Keep copies of everything.
What happens next?
The SEND Tribunal will respond within 25 working days. They will tell you:
- if there will be a hearing
- when and where the hearing will be
- deadlines for sending more evidence.
The local authority will have 30 working days to respond to your appeal.
Costs and Support
Appealing is free. You don’t need to pay any fees to the Tribunal.
You don’t need a lawyer, but you can choose to get legal advice or representation if you wish, this would be at your own cost. If you’re on a low income, you may be eligible for legal aid.
Further information:
IPSEA have a refusal to issue pack (external website), which is a detailed guide to preparing for and carrying out a refusal to issue appeal.
