Refusal to assess route — prepared pack | EHCP Clarity | EHCP Clarity

Prepared pack route · 1 of 12

Refusal to assess — we prepare this appeal pack

If the council refused an EHC needs assessment, match this route below. We prepare your SEND35A appeal pack. You review it. You send it.

Appeal deadline: 2 months from the decision letter, or the later of that date and 1 month from your mediation certificate. Contact a mediation adviser before you submit the SEND35A.

From £249 · you review before you send · not legal advice

Use this page as advice. If you want us to prepare the pack, match your situation or go to pricing — from what you already have.

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What is your EHCP situation?

Tell us where you are. We match the document you need to send, then an assigned case professional prepares it. You review it. You send it.

I want to challenge a refusal or EHCP decision

Continues to your pack match — about 60 seconds.

What we prepare for this

Appeal grounds · £349

Numbered grounds ready to paste into the Tribunal form after a refusal.

  • The document you send
  • How to send it, and what to attach
  • One revision round of factual corrections

One case professional prepares and checks it. You review it. You send it.

Typically 5 working days after we have what we need.

Other documents: request letter £249 · appeal grounds £349 · challenge to the plan £449

Sample grounds wording for this route · mock names
The local authority refused to secure an EHC needs assessment. Under section 36(8) of the Children and Families Act 2014, an assessment is required where the authority is of the opinion that the child has or may have special educational needs and that it may be necessary for special educational provision to be made in…

Read the full examples · What each price includes

This situation maps to

Appeal: refusal to assess

One of 12 EHCP routes we prepare — match above, then we draft the pack.

Match this route

What we prepare

We prepare this pack for your route

Your pack includes numbered SEND35A grounds for a refusal to assess — council-response matching, SEND law, and an assigned case professional who prepares the document. You review it. You send it.

Draft wording for this route

SEND35A grounds, parent evidence summary and evidence structure — shaped for a refusal to assess, not a blank page.

Common council responses

“Needs met from existing resources”, “making progress”, “more evidence needed” — mapped with how to address each one.

Relevant SEND law

Children and Families Act 2014, s.36(8) (must assess if the child has/may have SEN and an EHC plan may be necessary) and SEND Code of Practice 9.14 (evidence to consider) — suggested for your pack; you choose what to include.

Example excerpt

Sample grounds wording for this route

Illustrative only. Your pack is prepared for your child's situation — you review it before you send.

The local authority refused to secure an EHC needs assessment. Under section 36(8) of the Children and Families Act 2014, an assessment is required where the authority is of the opinion that the child has or may have special educational needs and that it may be necessary for special educational provision to be made in accordance with an EHC plan. The decision appears to apply a higher threshold than that statutory test allows — the question is not whether an EHCP is already certain. Despite ongoing SEN Support, measurable progress remains limited, and professional advice indicates that an EHC plan may be necessary. This pack asks the Tribunal to consider ordering the local authority to secure an EHC needs assessment.
  • SEND35A grounds, written by a case professional
  • Council-response matching and SEND law
  • How to lodge and what to attach