EHCP refused by Cumberland? Your appeal rights explained
Cumberland refused 36.6% of requests for an EHC needs assessment in 2025 — 246 of 673 requests. A refusal is not the end of the process; it is the start of the appeal one.
| Measure (2025) | Cumberland |
|---|---|
| Requests for an EHC needs assessment received | 673 |
| Refused (council decided not to assess) | 246 |
| Agreed to assess | 390 |
| Refusal rate | 36.6% — above the England average of 26.4% |
| Requests that went to mediation | 60 |
| Requests that went to tribunal | 3 |
Source: DfE, Education, health and care plans (requests for an EHC needs assessment), published 25 June 2026 — DfE, Explore Education Statistics. Published under the Open Government Licence v3.0.
DfE 2025 figures · verified 03/08/2026
How Cumberland compares with its neighbours
The England average flattens out enormous regional variation. This is the comparison that is actually about you: Cumberland against the 24 North West councils with published figures, and against England as a whole.
Cumberland refuses 9 percentage points more than the North West average, and is above the England average. The North West range runs from 16.4% (Cheshire East) to 40.5% (Cheshire West and Chester).
| North West council | Refusal rate | Requests |
|---|---|---|
| Cheshire West and Chester | 40.5% | 1,029 |
| Cumberland | 36.6% | 673 |
| Halton | 36.1% | 526 |
| Liverpool | 35% | 2,119 |
| Bury | 33.8% | 622 |
| Stockport | 33.3% | 959 |
| Warrington | 32.6% | 625 |
| Knowsley | 31.4% | 724 |
| Bolton | 30.8% | 814 |
| Blackpool | 30.6% | 506 |
| Oldham | 29.2% | 872 |
| Salford | 29.2% | 1,052 |
| Wigan | 27.6% | 1,052 |
| Tameside | 25.7% | 961 |
| Lancashire | 25.3% | 3,630 |
| Westmorland and Furness | 24.2% | 598 |
| Rochdale | 24% | 782 |
| St. Helens | 23.1% | 666 |
| Manchester | 22.9% | 2,269 |
| Sefton | 20.2% | 1,013 |
| Wirral | 19.4% | 1,401 |
| Trafford | 17.9% | 537 |
| Blackburn with Darwen | 17.1% | 386 |
| Cheshire East | 16.4% | 1,065 |
What happened to those 673 requests
Every stage below is a published 2025 figure for Cumberland. It is the clearest answer to "what actually happens next" that exists for this council.
- Requests for an EHC needs assessment received673 100%
- Refused — the council decided not to assess this is the decision you can appeal246 36.6%
- Agreed to assess390 57.9%
- Went to mediation the step before an appeal60 8.9%
- Reached the SEND Tribunal3 0.4%
A request can appear at more than one later stage, and mediation and tribunal counts in a given year need not relate only to that year's requests. These are the council's published stage counts, not a cohort tracked through the process.
What you can appeal
- Refusal to carry out an EHC needs assessment — the most common refusal, and the one these figures cover.
- Refusal to issue an EHC plan after an assessment was carried out.
- The content of a plan — sections B (needs), F (provision) and I (placement).
- A decision to cease a plan, or the outcome of an annual review.
The steps, in order
- Get the decision in writing from Cumberland, with the reasons and the date.
- Request mediation information — you must contact a mediation adviser before appealing. They issue a certificate; you do not have to attend mediation itself to get it.
- Lodge the appeal within two months of the decision letter, or one month from the mediation certificate — whichever is later.
- Set out your grounds against the legal tests the Tribunal actually applies, with evidence attached.
The legal test for an assessment refusal
A council must carry out an EHC needs assessment if the child may have special educational needs and may need provision through an EHC plan. That is a deliberately low threshold — "may", not "does". Refusals often apply a higher bar than the law allows, for example requiring evidence that support has already failed for a set period, or that a child is a certain number of years behind. Those are policy positions, not legal tests.
Build my SEND appeal pack — £11.99Answer 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.
Questions parents ask
Does a high refusal rate mean Cumberland is wrong?
Not on its own — but it is context. A 36.6% refusal rate means roughly 37 in every 100 families asking for an assessment here are told no at the first stage. What matters for your case is whether the legal test was applied correctly to your child.
How does Cumberland compare with its neighbours?
Cumberland refused 36.6% of requests in 2025. The North West average across the 24 councils with published figures is 27.6%, and the England average is 26.4%. Cumberland refuses more often than the region around it. The comparison is context for you, not evidence for the Tribunal — the Tribunal decides your child's case on its own facts.
How many Cumberland cases actually reach mediation or tribunal?
In 2025, 60 went to mediation and 3 reached the SEND Tribunal, against 673 requests received and 246 refusals. The mediation and Tribunal counts cover all disagreements recorded that year, not refusals alone, so neither is a challenge rate for the refusals.
How long do I have to appeal a refusal?
Two months from the date of the decision letter, or one month from the date of the mediation certificate, whichever is later. You must contact a mediation adviser before appealing, but you do not have to attend mediation itself to be issued the certificate.
Do I need a solicitor?
No. The SEND Tribunal is designed for parents to use without representation, and parents commonly bring appeals themselves. Filing is free — form SEND35 (or SEND35A if the council refused to assess), from the First-tier Tribunal (SEND) on GOV.UK, and both can be completed on the free HMCTS online service, with free help using it from We Are Group on 03300 160 051. Free specialist advice is available from IPSEA, an independent charity, and from your local SENDIASS — noting that SENDIASS services are typically funded by the council and staffed by council employees, working "at arm's length" rather than independently.
Can appealing make things worse?
No. The council cannot withdraw existing support because you appealed, and the Tribunal cannot order less than what is already in place.
Other councils
Compare EHCP refusal rates across all 153 councils →
The document the Tribunal actually reads is the grounds, not the form. The EHCP appeal letter template, free — what a grounds document has to contain, and the mediation certificate step that can lawfully extend your deadline. Then what an EHCP is and EOTAS, if the placement is the argument.