EHCP refused by Merton? Your appeal rights explained
Merton refused 24.2% of requests for an EHC needs assessment in 2025 — 147 of 607 requests. A refusal is not the end of the process; it is the start of the appeal one.
| Measure (2025) | Merton |
|---|---|
| Requests for an EHC needs assessment received | 607 |
| Refused (council decided not to assess) | 147 |
| Agreed to assess | 436 |
| Refusal rate | 24.2% — about the same as the England average of 26.4% |
| Requests that went to mediation | 11 |
| Requests that went to tribunal | 6 |
Source: DfE, Education, health and care plans (requests for an EHC needs assessment), published 25 June 2026. Published under the Open Government Licence v3.0.
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 Merton, 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 Merton is wrong?
Not on its own — but it is context. A 24.2% refusal rate means roughly 24 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.
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.