They said no. That doesn't mean it's over.

Getting a refusal letter from Leicestershire Council is devastating. You've been fighting for your child, and it feels like the system has let you down. But here's what they won't tell you: over 90% of parents who appeal to the SEND Tribunal win their case. The law is on your side - you just need to know how to use it.

Your legal right to appeal

Under Section 36(8) of the Children and Families Act 2014, if a local authority decides not to carry out an EHC needs assessment, the parent has the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability). You have 2 months from the date of the refusal letter to lodge your appeal. The Tribunal is free, and you do not need legal representation.

Why Leicestershire refuses - and why they're often wrong

Local authorities frequently refuse assessments because of budget pressures, not because your child doesn't qualify. Common reasons include: "the school can meet the child's needs from their existing resources," "there is insufficient evidence of SEN," or "the child is making progress." These reasons often don't stand up at Tribunal. If your child has unmet needs, the Tribunal will likely agree with you.

What you need for your appeal

To appeal, you'll need: the refusal letter from Leicestershire Council, any professional reports (educational psychologist, speech and language, occupational therapy, CAMHS), evidence of your child's difficulties at school (IEPs, behaviour logs, attendance records), and a clear statement of why you believe your child needs an EHC needs assessment. EHCP Expert can help you compile this into a powerful, legally-referenced case.

Mediation - do you have to?

Before you can register a Tribunal appeal, you must contact a mediation service. However, you can choose to get a mediation certificate without actually mediating - this is perfectly legal and takes just a few days. Many parents skip mediation because the LA has already made their position clear. Once you have the certificate, you can register your appeal.