EHCP Help / Advice & next steps
Council refused an EHC needs assessment: what to do next
A refusal can feel discouraging, but it does not mean the process has to stop. The next step is to understand the reason for the decision and decide whether you need more evidence, advice or support.
Quick answer
If the local authority refuses to carry out an EHC needs assessment, ask for the written decision if you do not already have it. Check the decision date and the appeal information, compare the reasons with the evidence you sent, and keep school support under review. A refusal to assess does not mean your child has no special educational needs or that school support should stop.
What this means
The first decision is whether the local authority will carry out an EHC needs assessment. It should normally tell you within six weeks of receiving the request. A refusal at this stage is different from a later decision not to issue an EHC plan. Read the letter carefully: it should identify the decision, reasons and the route for disagreement. Start by making a short timeline of the request, acknowledgement, decision and the evidence sent. Ask school for the current SEN Support plan, records of support tried, progress, attendance and the child’s views. Focus on what the evidence shows about educational need, impact and why ordinary provision may not be enough. You can seek free impartial information from SENDIASS. For an appeal to the SEND Tribunal, there are time limits and usually a requirement to consider mediation first; check the decision letter and official guidance for the current process. This is general information, not individual legal advice.
Ask school for the material it supplied and a clear account of support tried, progress and continuing unmet need. Organise relevant reports, plans, attendance information, correspondence and examples from daily life. Focus on evidence that explains needs and the support required, not simply a diagnosis.
The decision letter should explain the available route for disagreement. SENDIASS and IPSEA can provide free information about next steps, and GOV.UK explains the SEND tribunal system. Get advice promptly because the correct action depends on the letter and dates in your case. Northamptonshire families should also check the relevant council process.
What to do next
Save the refusal letter.
Note any important deadline or date mentioned in the letter.
Ask the school what evidence they provided.
Gather examples of needs that are not being fully met.
Check whether professional reports or school records are missing.
Consider independent SEND advice before deciding your next move.
Check your indicative EHCP dates with our free EHCP Timeline Calculator.
Things to check
Does the decision letter clearly explain why assessment was refused?
Is there evidence from school showing what support has already been tried?
Are there professional reports or assessments that support your request?
Are your child’s needs affecting learning, attendance, communication, behaviour or daily life?
Is there a deadline for responding or challenging the decision?
Questions to ask
What support or decision is currently in place?
What evidence has been considered or may still be missing?
What is the next action, who is responsible and when should it happen?
Local Northamptonshire route
Families in Northamptonshire can check the relevant local authority SEND route for West Northamptonshire or North Northamptonshire. Local SENDIASS services can offer free, impartial information and support.
Free support and useful links
External free resource
West Northamptonshire SENDIASS
Free, impartial SEND information, advice and support for families in West Northamptonshire.
External free resource
North Northamptonshire SENDIASS
Free, impartial SEND information, advice and support for families in North Northamptonshire.
External free resource
Northamptonshire Local Offer
Local SEND information, services and support routes for children and young people.
External free resource
GOV.UK SEND information
Official information about special educational needs, EHC plans and support.
External free resource
IPSEA
Free SEND law information and resources for parents and carers.
External free resource
Council for Disabled Children
National resources and information about SEND support and policy.
Professional help is available if you need it
Many families use free information and school support first. Professional help is optional and may be useful if evidence is complicated, communication has stalled or you want help understanding your choices.
What happens next?
Your next step depends on the decision or stage you are at. Keep records, confirm actions in writing and use free advice before deciding whether additional support would help. Check your indicative EHCP dates with our free EHCP Timeline Calculator at /ehcp-timeline-calculator.
Support that may help
SEND advocate · Independent SEND adviser · Educational psychologist · SEND legal adviser · School SENCO
Related guidance
SEND Lantern provides general information to help families understand possible next steps. It does not replace legal, medical or local authority advice.
Independent guidance for families
SEND Lantern is an independent guidance platform operated by SEND Lantern Ltd. We help families explore special educational needs and disabilities support, possible next steps and relevant services. SEND Lantern is not part of the NHS, a local authority, a school or any individual service provider. Information on this website is general guidance and should not be treated as medical, legal or educational advice.