What is a refusal to assess?

A refusal to assess occurs when a local authority decides not to carry out an Education, Health and Care Needs Assessment following a parental request.

Do I have to attend mediation before appealing?

You must contact a mediation adviser and obtain a mediation certificate before lodging most appeals, but you are not required to participate in mediation.

How long do I have to appeal a refusal?

Appeals must usually be lodged within two months of the refusal decision letter or one month from receiving a mediation certificate.

Do I need a solicitor for SEND Tribunal?

Legal representation is not mandatory at SEND Tribunal. Many families attend without a solicitor, as the Tribunal is designed to be accessible to parents. What is important is structured SEND and EHCP experience aligned with statutory duties under the Children and Families Act 2014.

Can you attend the tribunal hearing with me?

We provide structured advocacy and preparation support. Attendance at the hearing depends on case complexity and availability. Our primary focus is ensuring you are fully prepared and confident in presenting your case.

What if I am appealing Sections B and F?

Appeals relating to Sections B and F focus on whether needs are accurately identified and whether provision is specific and enforceable. Under Section 42 of the Children and Families Act 2014, local authorities must secure the provision specified in Section F.

How long does tribunal preparation take?

Preparation timescales depend on hearing dates and tribunal directions. Early instruction allows for detailed evidence review and structured appeal preparation.

What if I am already mid-appeal?

We can step in at various stages of the appeal process to review documentation, identify evidential gaps and strengthen written submissions before hearing.

Refusal to Assess Appeal Support (SEND35A)

Q: What is a SEND35A appeal?

A SEND35A appeal is an appeal to the First-tier Tribunal (Special Educational Needs and Disability) challenging a local authority's refusal to assess a child for an EHCP.

When a local authority refuses to assess your child for an EHCP, it can feel like the process has stopped before it even began.

A refusal to assess does not mean your child isn’t entitled to support. It means the authority has decided not to carry out an Education, Health and Care Needs Assessment — and that decision can be challenged.

You have the right to appeal.

Understanding a refusal to assess (SEND35A)

Preparation and structured support for SEND35A appeals where a local authority has refused to carry out an EHC needs assessment. We align your evidence to the Section 36 legal test and guide you through every procedural step.

What is a SEND35a

Under Section 36 of the Children and Families Act 2014, parents have the right to request an Education, Health and Care Needs Assessment.

If the local authority decides not to assess, they must issue a formal refusal letter within six weeks.

This is often called a “refusal to assess.”

The key point is this:

The legal test at this stage is whether your child may have special educational needs and whether it may be necessary for provision to be made through an EHCP.

Many refusals apply a higher threshold than the law requires.

What Is a SEND35A Appeal?

If the authority refuses to assess, you can appeal to the First-tier Tribunal (Special Educational Needs and Disability).

This is sometimes referred to as a SEND35A appeal.

The tribunal is independent of the local authority. It considers whether the legal threshold for assessment has been met.

Appeals must usually be lodged within two months of the decision letter (or one month after mediation, if mediation is attempted).

This stage is procedural - but preparation matters.

Why Refusal Appeals Often Fail

Common issues include:

Applications that did not clearly frame the legal test.

Evidence that describes frustration rather than functional impact.

Professional reports that are referenced but not included.

Lack of clear explanation as to why SEN Support is insufficient.

An appeal is not simply a complaint. It is a structured legal challenge.

What Strong Refusal Appeals Include

A clear explanation of unmet needs.

Evidence demonstrating impact on education and daily functioning.

Structured argument aligned with Section 36 threshold wording.

Supporting documentation, such as:

School reports
Professional assessments
Behaviour logs
Attendance data
Medical letters

Clear reference to statutory duties and the SEND Code of Practice.

How Little Nellies Supports You at This Stage

We help you challenge refusals strategically and calmly.

Our support can include:

Reviewing the refusal letter against the legal threshold.

Identifying evidential gaps.

Drafting or reviewing your SEND35A appeal form.

Structuring written grounds of appeal.

Preparing supporting evidence.

Guiding you through mediation requirements.

We focus on clarity and legal alignment - not escalation for its own sake.

Support is fixed-fee and stage-specific.

We work with families across England.

What Happens After a Successful Appeal?

If the tribunal orders the local authority to assess, the process moves forward into the professional advice stage.

If an assessment leads to a draft EHCP, you may then need:

→ Draft EHCP Review Support

Frequently Asked Questions

You must contact a mediation adviser first, but you are not required to participate in mediation to proceed to tribunal.
Timeframes vary, but hearings typically take place several months after appeal registration.
Some families appeal independently. Professional support can help ensure the appeal is structured clearly and legally aligned.
Late appeals may be accepted in limited circumstances, but strict time limits apply.

A refusal to assess is not the end of the road.

If you want your appeal structured properly and aligned with the statutory threshold, we can help.

Book Refusal Appeal Support

Why Families Trust Little Nellies

Focused exclusively on SEND advocacy - structured, strategic and aligned with statutory law.

Facts & Figures

Specialist EHCP Focus

We work exclusively in EHCP and SEND advocacy. This isn’t a side service — it’s our core focus.

Legally Grounded Approach

Our work aligns with the Children and Families Act 2014 and the SEND Code of Practice. We structure cases around statutory duties, not opinion.

Stage-Specific, Fixed-Fee Support

Clear pricing. Clear scope. No open-ended billing.

Calm, Structured Advocacy

We reduce overwhelm by bringing clarity, evidence strategy and procedural confidence to every stage.