Page: https://wfsenddata.org.uk/ehcp-refused.html
Figures last updated: 2026-10-27

# What if the council refuses an EHC needs assessment or plan?

Short answer. You can appeal to the SEND Tribunal. First you must contact a mediation adviser, who gives you a certificate whether or not you go on to mediation. Your appeal must reach the Tribunal within 2 months of the decision letter, or 1 month after the certificate if that is later. Across England, 98.9% of the appeals the Tribunal decided in 2024/25 went at least partly in the family's favour. In 2025, 62 appeals were made about Waltham Forest decisions.

Ministry of Justice figures for England in 2024/25, and DfE figures for Waltham Forest in 2025. The Tribunal does not publish outcomes for each council. This is not legal advice.

## Decisions you can appeal

A parent, or a young person over school-leaving age, can appeal to the SEND Tribunal against these council decisions ([Children and Families Act 2014, section 51(2)](https://www.legislation.gov.uk/ukpga/2014/6/section/51)):

- not to carry out an EHC needs assessment
- not to issue an EHC plan after an assessment
- what a plan says about a child's needs or the support they must get, when the plan is first issued or after it is changed
- the school or college named in a plan, or that no school is named
- not to change a plan after an annual review, or not to carry out a re-assessment
- to stop a plan

If the council refuses an assessment, its letter must tell you that you can appeal, the time limit, and how to get mediation ([SEND Regulations 2014, regulation 5(3)](https://www.legislation.gov.uk/uksi/2014/1530/contents)). You can also ask the council to explain its decision and think again, but this does not stop the time limit for appealing.

## How to appeal

- Contact a mediation adviser. The decision letter tells you who to contact. The adviser explains mediation, which is a meeting with the council and an independent mediator to try to settle the disagreement.
- Get a mediation certificate. The adviser must give you one once they have explained mediation, whether you go on to mediation or tell them you don't want to ([Children and Families Act 2014, section 55(3) to (5)](https://www.legislation.gov.uk/ukpga/2014/6/section/55)). You don't need a certificate if your appeal is only about the school or type of school named in the plan, or that no school is named ([Children and Families Act 2014, section 55(2)](https://www.legislation.gov.uk/ukpga/2014/6/section/55)).
- Send your appeal to the Tribunal within 2 months of the date of the decision letter, or 1 month after the date of the mediation certificate, whichever is later ([Tribunal Procedure Rules 2008, rule 20(1)(c)](https://www.legislation.gov.uk/uksi/2008/2699/article/20)). See [GOV.UK: appeal to the SEND Tribunal](https://www.gov.uk/special-educational-needs-disability-tribunal).

Enter the date of your decision letter in the [deadlines calculator](https://wfsenddata.org.uk/deadlines.html#appeal) to see your dates. Appealing is free. For help with an appeal, contact [IPSEA](https://www.ipsea.org.uk/) or [Waltham Forest's SEND information, advice and support service (SENDIASS)](https://www.walthamforestsendiass.org.uk/).

## What happens to appeals

The Ministry of Justice publishes appeal outcomes only for England as a whole, not for each council. In 2024/25, the Tribunal decided 14,009 appeals across England. 13,860 of them (98.9%) went at least partly in the family's favour. That doesn't mean the family got everything they asked for. Councils also conceded 3,945 appeals before a decision, meaning they stopped opposing them (Ministry of Justice, [Tribunals statistics quarterly: July to September 2025](https://www.gov.uk/government/statistics/tribunals-statistics-quarterly-july-to-september-2025): [SEND Tribunal Tables 2024 to 2025](https://assets.publishing.service.gov.uk/media/6939c1285cc812f50aa41fa7/Tribunals_SEND_2024-25_Tables.ods) (downloaded 2026-10-27)).

In 2025, 62 appeals were registered about Waltham Forest decisions. That is 3.7% of the decisions families could have appealed, against 6.6% in England. The council says that in 2024, 27% of appeals against it were about refusals to assess ([London Borough of Waltham Forest, SEND Sufficiency Plan 2025-30 (in the Schools Forum pack, 10 December 2025) (December 2025), p. 27](https://thehub-beta.walthamforest.gov.uk/sites/default/files/2025-12/10th_December_2025_School_Forum_Report.pdf)).

Source: DfE, [Education, health and care plans](https://explore-education-statistics.service.gov.uk/find-statistics/education-health-and-care-plans): [SEND Tribunals and appeal rate 2024-2025](https://explore-education-statistics.service.gov.uk/find-statistics/education-health-and-care-plans/2026) (downloaded 2026-10-25). See [complaints and appeals](https://wfsenddata.org.uk/disputes.html) for the trends.

## How often Waltham Forest says no

The council reported refusing no requests to assess in 2025, against 24% in London and 27% in England. But it recorded no decision for 18% of requests (England 7%), and its own records show no decision for 26% of assessments in 2025. So the published figures may leave out some refusals.

Decisions on requests and assessments in 2025

| Area | Requests refused | Requests with no decision recorded | Assessments that ended without a plan |
| --- | --- | --- | --- |
| Waltham Forest | 0.0% | 17.6% | 0.3% |
| London | 23.6% | 8.4% | 5.1% |
| England | 26.6% | 7.2% | 6.0% |

Source: DfE, [Education, health and care plans](https://explore-education-statistics.service.gov.uk/find-statistics/education-health-and-care-plans): [Requests for an education, health and care needs assessment received during the calendar year](https://explore-education-statistics.service.gov.uk/data-catalogue/data-set/159be1b6-419d-42e7-8972-1e0e666b1de4) (downloaded 2026-10-25); DfE, [Education, health and care plans](https://explore-education-statistics.service.gov.uk/find-statistics/education-health-and-care-plans): [Assessments for an education, health and care plan carried out during the calendar year](https://explore-education-statistics.service.gov.uk/data-catalogue/data-set/866331e6-4be2-4242-985a-c00c7ac274b5) (downloaded 2026-10-25). Figures for 2025.

The council's own records for January to about September 2025 also show no requests refused, and no decision recorded for 26% of assessments. The council says this "needs further investigation" ([London Borough of Waltham Forest, SEND Sufficiency Plan 2025-30 (in the Schools Forum pack, 10 December 2025) (December 2025), p. 25](https://thehub-beta.walthamforest.gov.uk/sites/default/files/2025-12/10th_December_2025_School_Forum_Report.pdf)). The council has also said data from its case management system is inaccurate ([London Borough of Waltham Forest, SEND Improvement Plan - Progress So Far (October 2025), p. 5](https://democracy.walthamforest.gov.uk/documents/s105502/The%20Integrated%20meeting%20of%20Waltham%20Forest%20Health%20SP%20FINAL.pdf)). So these figures can't tell you how likely the council is to say no to your child.

For the trends, see [assessments](https://wfsenddata.org.uk/assessments.html).

## Appeals and complaints

An appeal is about a decision: whether to assess, whether to issue a plan, or what the plan says. If the council has missed a deadline, not replied or not delivered what a plan says, you can complain to the council and then to the Local Government and Social Care Ombudsman. The Ombudsman usually won't look at decisions you can appeal. See [how to complain](https://wfsenddata.org.uk/resources.html#complaints).

## More guides for families

- [How do I ask for an EHC needs assessment?](https://wfsenddata.org.uk/ehcp-assessment-request.html)
- [How long does an EHC plan take?](https://wfsenddata.org.uk/ehcp-waiting-time.html)
- [What should happen at an annual review?](https://wfsenddata.org.uk/ehcp-annual-review.html)
- [Can my child get a special school place?](https://wfsenddata.org.uk/special-school-places.html)
- [How long is the wait for an autism assessment?](https://wfsenddata.org.uk/autism-assessment-waiting-time.html)
- [How long is the wait for an ADHD assessment?](https://wfsenddata.org.uk/adhd-assessment-waiting-time.html)