By SEN Parent Support Group

When a school refuses to request an Education, Health and Care Needs Assessment (EHCNA), it can feel personal, dismissive, and deeply frustrating. But in reality, refusals almost always fall into one of three categories and once you know which one you’re dealing with, you can take clear, strategic next steps.

Here are the three reasons a school typically gives for refusing to initiate the process:

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“We don’t believe your child has SEN.”

This is the most painful response because it dismisses your lived experience and your child’s daily struggles.
Schools may say this when:

• They haven’t recognised the child’s needs
• They’ve misinterpreted behaviour as “naughty” or “immature”
• They lack training in identifying neurodiversity
• They’re relying on outdated or incomplete information

What this means for next steps:
If the school denies SEN, you bypass them entirely. Parents have the legal right to apply directly to the Local Authority. You do not need the school’s permission, agreement, or involvement to do this. What is SEN (special education need) in lawful terms and when does a child have SEN?

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“We haven’t done the paperwork / interventions yet.”

This is the “we’re too busy” version often disguised as:

• “We need more time”
• “We haven’t completed enough cycles of assess–plan–do–review”
• “We need more evidence first”

This is not a lawful reason to refuse. Schools sometimes avoid the process because:

• They haven’t implemented or documented SEN Support properly
• They’re worried the LA will question their provision
• They don’t want to highlight gaps in their practice

What this means for next steps:
You can still apply directly. The LA must consider your evidence, not just the school’s. You can also request copies of all SEN Support records, IEPs, provision maps, and behaviour logs to strengthen your application.

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“We believe your child’s needs can be met from ordinarily available provision.”

This is the most common reason and the most misunderstood.

Schools often say this when:

• They think the child’s needs are “mild”
• They’re relying on generic classroom strategies
• They’re unaware of the legal threshold for an EHCNA
• They assume the LA will refuse anyway

But here’s the key:
The law does not require a child to be failing, excluded, or in crisis before an assessment is considered.

What this means for next steps:
You gather evidence showing that the child’s needs are beyond what is ordinarily available. This may include:

• Lack of progress despite interventions
• Escalating behaviour
• Emotional distress
• Sensory or communication needs not being met
• Repeated exclusions or reduced timetables
• Impact on mental health or attendance

You then submit your parent‑led application with clear examples of unmet need as hyperlinked! You may wish to evidence further and create a timeline of documents and communication for each child utilising our Support App?

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So What Should Parents Do Next?

Your next steps depend entirely on which of the three refusal reasons you’ve been given. Here’s a simple guide:

School’s Reason	What It Really Means	Your Best Next Step
1. They deny SEN exists	They haven’t recognised or recorded needs	Do a SAR to gain the information they have on file. Submit the core needs parental evidence, with a letter requesting they start the APDR process. Apply directly – gather your own evidence
2. They haven’t done the paperwork	They’re avoiding the workload or haven’t followed SEN Support properly	Because you need their input during the second part of the EHCPNA legal test, known as test (b) (which is needs special education provision) you ideally need the School to commence the APDR process prior to submission. Follow the hyperlinks within chart 1.
3. They think needs can be met ordinarily	They misunderstand the legal threshold	Gather evidence of unmet need; apply directly with examples Follow chart 1.

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A school’s refusal is not the end of the road. It’s simply a signpost showing you which strategy to use next.

Parents are powerful when they understand the system and you are absolutely entitled to request an EHC Needs Assessment yourself, regardless of the school’s position. For more support join many other parent advocates within our closed Facebook group here

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