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.
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 most decisions. 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 — £11.99Guided questions turn your refusal letter into a structured grounds statement for the SEND35 appeal form, with an evidence checklist and your deadlines.
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.
Do I need a solicitor?
No. The SEND Tribunal is designed for parents to use without representation, and most appeals are brought by parents themselves. Free specialist advice is available from IPSEA and SENDIASS.
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.