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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.