EHCP refused by Isle of Wight? Your appeal rights explained
A refusal to assess is not the end of the process — it is the point at which your appeal rights begin.
DfE 2025 figures · verified 03/08/2026
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 Isle of Wight, 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 Isle of Wight is wrong?
Not on its own — but it is context. What matters for your case is whether the legal test was applied correctly to your child.
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.
Sources named above: DfE, Education, health and care plans (Explore Education Statistics)