EHCP guidance

After diagnosis

A guided walkthrough of what happens after an autism diagnosis in England — who you'll see, what to ask your council, and how to request an EHC needs assessment.

Step 7 of 8

If the council refuses an EHC assessment or EHCP

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 if your appeal is only about the school, or type of school, named in the plan.) A disability discrimination claim against a school is a different thing altogether: a separate tribunal claim under the Equality Act 2010, with no mediation step, not an EHCP appeal.
  • 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.
Sources