They say she's 'making progress' — but she isn't coping

The classic refusal line. Your child masks all day, melts down at home, has no friendships and dreads the gates — and the letter says 'expected progress'. The law is on your side here: progress is not the test.

What this is called officially

refusal citing adequate progress / graduated approach

Phrases to look for on your letter: “making expected progress” · “needs can be met at SEN support” · “graduated approach”

Why this is an appealable position

Special educational needs are not only academic. The legal question for assessment is whether your child may have SEN and may need provision via a plan — social communication needs, emotional regulation, sensory needs and anxiety-driven attendance problems all count, whatever the reading age says. Tribunals regularly overturn refusals built on attainment data because the council answered the wrong question.

Your position is strongest when

Home-school behaviour gap (coping at school, exploding at home — document it)
Masking described by professionals or teachers
Social isolation, no friendships, lunchtime struggles
Attendance slipping, Monday refusals, physical anxiety symptoms

Honest caveat: this argument is weaker when — the only concern raised so far is attainment and school reports show broad wellbeing (build the wider evidence first).

Evidence to gather now

Your dated diary of after-school meltdowns and refusals
GP/CAMHS letters about anxiety
School emails acknowledging incidents
SEN support reviews showing unmet targets beyond academics

Your first move

Reframe the case away from grades: list needs by domain (social, emotional, sensory, communication), attach evidence for each, and appeal — the Tribunal tests needs, not report cards.

Build my SEND appeal pack — £11.99

Answer plain-English questions about the decision and your child, and get Tribunal-ready grounds in minutes — matched to the right HMCTS form, SEND35 or SEND35A.

Common questions

School says she's fine in class. Does our home evidence count?

Yes — the home-school gap is a recognised pattern (often masking), and your systematic, dated observations are evidence the Tribunal reads. Pair them with any professional corroboration.

How does your council compare?

Refusal rates vary wildly between councils — England's average is 26.4%, but some councils refuse over 60% of assessment requests. Look up your council's refusal rate — it's context the Tribunal never sees but you should know, and free specialist advice is available from IPSEA (ipsea.org.uk).

Where these rules come from: Children and Families Act 2014, Part 3 · SEND Regulations 2014.

Independent information, not legal advice. Success statistics from published Ministry of Justice Tribunal data. Free specialist help: IPSEA and your local SENDIASS. No outcome is guaranteed.