Step 7 of 8
If the council refuses
What to do if they won't assess, or won't issue a plan -- mediation, appeal, and the deadlines that matter.
A council can refuse to carry out an EHC needs assessment, or -- after assessing -- decide not to issue an EHCP. Either can be challenged.
- Mediation: before appealing, you generally need to contact a mediation adviser and get a mediation certificate showing you considered it -- you're not required to actually attend, only to consider it. (Not required at all if your appeal is only about the school named in the plan, or involves a disability discrimination claim.)
- Appeal to the SEND Tribunal (SENDIST): must be received within 2 months of the council's decision letter, or 1 month of the mediation certificate -- whichever is later.
- Late appeals are only accepted if a tribunal judge agrees "special circumstances" made an on-time appeal impossible.