Appealing a Refusal to Reassess Your Child's EHCP

When does a refusal to reassess arise?

A refusal to reassess typically occurs when:

• • Your child's needs have changed significantly and existing provision is no longer appropriate
• • Your child is transitioning (e.g. from primary to secondary, or school to post-16)
• • A new diagnosis or professional report suggests the EHCP needs updating
• • The current EHCP was based on outdated assessments

Grounds for appeal

The Tribunal will consider whether the LA was right to refuse the reassessment. Common grounds include:

• • Your child's needs have changed materially since the last assessment
• • The current EHCP does not accurately reflect your child's needs
• • New professional evidence (diagnosis, report) was not available at the time of the original EHCP
• • The provision in the current EHCP is no longer meeting your child's needs

Steps to appeal

1. 1

   Contact a mediation adviser

   Obtain a mediation certificate before lodging your appeal. This is required even if you do not wish to pursue mediation.

2. 2

   Complete the SEND35A form

   Set out your grounds of appeal, explaining why a reassessment is needed and what has changed since the original EHCP.

3. 3

   Submit within the deadline

   Register your appeal with the SEND Tribunal within 2 months of the LA's decision, or 1 month from your mediation certificate date.

4. 4

   Gather new evidence

   Collect any new professional reports, school data, or other evidence showing how your child's needs have changed.

What your pack can include

• • SEND35A wording explaining grounds for reassessment appeal
• • Evidence organiser comparing original EHCP with current needs
• • Chronology of changes in need since the last assessment
• • Parent statement highlighting changed circumstances

Frequently asked questions

What is the difference between a refusal to assess and a refusal to reassess?

A refusal to assess happens when the LA refuses to carry out an EHC needs assessment for the first time. A refusal to reassess happens when your child already has an EHCP and you (or the school) request a further assessment — usually because needs have changed significantly — and the LA declines.

When can I request a reassessment?

You can request an EHC needs reassessment at any time if you believe your child's needs have changed significantly since the last assessment. The LA can refuse if it does not consider a reassessment necessary, but you can appeal that decision.

What is the deadline for appealing?

You have 2 months from the date of the LA's decision letter to register your appeal with the SEND Tribunal, or 1 month from the date of your mediation certificate — whichever is later.

Do I need a mediation certificate before appealing?

Yes. Before lodging an appeal about a refusal to reassess, you must contact a mediation adviser and obtain a certificate (even if you choose not to participate in mediation). This must be done before registering your appeal.