9th January 2026 • My Family Our Needs

Has your EHCP application been refused? Are you unsure what to do next? Don’t panic, you have options. In our first blog of 2026, we cover the different types of formal dispute resolution and our best tips on what parents can do to navigate the challenging process, with content taken from our NEW South East Guide to SEND.

Our SEND Guide includes specific information and signposts to services and resources in the South East, however, this content is applicable to all areas in the UK.

Despite your efforts, your application may be refused at any stage. Your local authority has a responsibility to provide reasons in a decision letter which should clearly outline why they believe your child’s needs can be met through SEND support alone, without the need for an EHCP. This will immediately ‘pause’ the process at whichever week your application sits in the timeline.

The local authority may then offer a non-statutory plan to document the identified needs and support being provided. This plan is not legally binding but can be useful for communication and planning. The non-statutory plan is not a substitute for an EHCP and you are not required to accept it as an alternative.

You can meet with a caseworker and you have the right to appeal the decision. There is a statutory process which can be followed to resolve the disagreement. Sometimes it isn’t possible to reach a resolution without the help of a third party. There are different types of formal dispute resolution.

Mediation

If you disagree with a decision the local authority has made about an EHCP, you have the right to try mediation before appealing to the SEND Tribunal. When the local authority sends you a decision letter (for example refusing an assessment or issuing the final plan), they must also:

• Tell you about your right to mediation and provide the contact details of a mediation adviser.
• Give you enough information to understand what mediation is and how it works.

If you decide you want to engage with mediation, you must let the mediation adviser know what issues you want mediation to cover. The mediator will then liaise with the local authority to arrange a mediation meeting. The local authority must then arrange a mediation meeting within 30 days of being informed.

If the local authority does not arrange mediation within that 30-day window, the mediation adviser will issue a ‘deemed mediation certificate’. This certificate means you can still go ahead and appeal to the SEND Tribunal.

If you decide not to attempt mediation, you should also let the mediation adviser know; they will issue a mediation certificate that allows you to lodge an appeal.

Mediation is a free, impartial service. You can attend with someone to support you (for example, an advocate or SENDIASS adviser). The local authority representative should have decision-making authority.

Mediation is confidential – what is discussed in the meeting is not shared outside the session. If an agreement is reached, it will be put in writing and signed by all parties. If no agreement is reached, the mediator will issue the mediation certificate, which you can use if you decide to appeal to the SEND Tribunal. The discussions themselves cannot be used as evidence in the Tribunal.

If mediation does not resolve the dispute, you retain the right to appeal to the SEND Tribunal.

Disagreement resolution

Some issues (such as how a school or local authority is carrying out its duties) cannot be dealt with through mediation. In these situations, you can ask for a disagreement resolution meeting, which aims to resolve the problem informally. You can ask the independent disagreement resolution service directly for a meeting. Your local authority should tell you the service provider in your area. You can also check your local authority’s Local Offer or ask SENDIASS for help (details on page 96 and 97 of the Guide).

If you are successful in resolving the disagreement, the process will resume from the week it was paused and will follow the standard timeline.

First-tier Tribunal (SEND Tribunal)

Once you have a mediation certificate, you can appeal to the Tribunal. The Tribunal is a legal process that considers appeals against specific local authority decisions, such as refusing to assess, refusing to issue a plan, the contents of a plan, or ceasing a plan. For more information, visit www.gov.uk and search ‘First-tier Tribunal SEND’.

The Tribunal process can be a lengthy one and cases can take a year or more to be resolved. You have the option to seek legal advice. Some offer limited free consultations, although it is worth noting that lawyers can be costly.

In certain circumstances, other legal routes may also be suitable, such as judicial review or complaint via the Local Government Ombudsman. If you need help, contact your local SENDIASS (details on page 97 of the Guide) or seek legal advice.

A challenging process

While obtaining an EHCP may be a relatively simple process on paper, it is important for you to know that it can be time-consuming and potentially frustrating for parents.

With the potential for an EHCNA and EHCP to be refused, a thorough assessment of your child’s needs is required, as well as a substantial bank of evidence to determine their eligibility.

Additionally, local authorities have limited resources for EHCP provision. Research your local authority’s requirements as much as you can before submitting your evidence.

This is in no way intended to dissuade you from seeking an EHCP for your child. Rather, it is to inform you that the process can be difficult. Despite the challenges, it is important for you to persevere and seek support if needed from your caseworker or local SENDIASS (details on page 97 of the Guide).

So what can parents do?

• Be clear on your child’s needs – special educational needs are not the same as a learning difficulty or disability. Make sure you are absolutely clear about how your child’s learning difficulty or disability requires extra provision. For example, a learning disability like dyslexia doesn’t directly prove your child has SEND. However, if their dyslexia means they struggle with reading in the classroom and they can’t answer questions without adult supervision or similar, then they require special educational provision to be made for them. Focus on their needs, not their diagnosis. Read more on page 8 and 10 of the Guide.
• Show the practical impact – it can be difficult to write about your child negatively, but your local authority must understand their level of need. Their decision is made on paper with minimal personal interaction. Emphasise the practical impact of your child’s needs – for example, you might include a piece of their work with a teacher’s annotations showing they were unable to complete the task independently.
• Work with your school, not against them – even if your child’s school doesn’t support your application or won’t make it for you, when you submit a parental request for an EHCNA, the local authority will ask the school for their advice. If your school is unco-operative, keep the SENDCO or teacher informed of what you’re doing. Ask them for copies of your child’s learning plans for at least the last two terms so you have your evidence and make sure you’re happy with them. If not, ask for a learning plan review meeting. Request copies of your child’s attendance, attainment and behaviour data. Ask for a copy of your child’s timetable showing the provision in place for them.
• Do local research – speak to other parents in your area and look online to find out what your local authority will demand and make sure you’ve included it on your application. Your local parent forum is a good place to start (details on page 91 of the Guide).