A refusal to carry out an EHC needs assessment is not the end of the road. It is one of the most commonly overturned decisions in the SEND Tribunal system.
The legal threshold for a needs assessment is not high. The local authority must carry out an assessment if it is necessary for them to determine whether the child requires an EHCP. "Necessary" does not mean certain. It means that without an assessment, they cannot reasonably decide either way.
If your request has been refused, you will receive a written decision explaining the reasons. Read it carefully. The reasons given will tell you exactly what the local authority believes the evidence shows, and where they believe it falls short.
You have two options: mediation and Tribunal appeal. You are required to contact a mediation service before registering your appeal, but you are not required to attend mediation. You can obtain a mediation certificate and proceed directly to Tribunal.
The appeal must be registered within two months of the refusal decision, or one month after receiving the mediation certificate, whichever is later. Missing this deadline is one of the most common mistakes families make.
At Tribunal, the test is whether the evidence shows that an assessment is necessary. Schools reports, professional assessments, and your own written observations all count. Many families succeed at this stage with good preparation and clear evidence.