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SENDIASS Southend
Special Educational Needs & Disability Information, Advice & Support Service

Appealing a Local Authority's decision not to secure an EHC Needs Assessment

This page will explain how to appeal a local authority decision not to carry out an Education, Health & Care (EHC) needs assessment or a re-assessment.

The decision letter from the local authority will explain your right to mediation and appeal. (You cannot appeal a refusal to assess decision where the local authority has carried out an EHC needs assessment in the previous six months).

Firstly, it's important to fully understand why the local authority reached this decision. It's always a good idea to continue talking to the local authority about your concerns or any questions you have. These conversations will help you decide whether to appeal and should you decide to, may assist you with your appeal.

Before appealing you must firstly consider mediation. This can be useful for example, where you have some additional information or a new report you would like to share with the local authority. It is possible that with new information the local authority will agree to reconsider their decision and may avoid the need to appeal.

Is this my only opportunity to appeal?

You should not feel pressured to appeal as you may re-request an Education, Health and Care needs assessment at a later date, allowing time for further strategies or support to be tried.

How to complete a SEND 35A Appeal Form following a refusal to secure an EHC needs assessment

SENDIASS Suffolk has produced helpful videos that talk through how to complete the different sections of a SEND35A appeal form.

Each video takes you through how to complete individual sections, allowing you just to watch the video that relates to the section you want help with.

Further Information