Facing a refusal for an Education, Health and Care Plan (EHCP) can feel deeply discouraging—especially if you’ve already appealed and lost. But it’s not the end of the road. Many families do succeed on a second (or even third) application, especially if circumstances or evidence have changed. Here’s how to approach a new application with clarity and confidence.

1. Understand Why the EHCP Was Refused

Carefully review the local authority’s refusal letter and any tribunal decision. Common reasons include:

• The local authority believes your child’s needs can be met through SEN Support (without an EHCP).

• There wasn’t enough evidence of significant special educational needs or their impact on learning.

• Professional reports were missing, outdated, or not detailed enough.

• The school did not support the application or minimised your child’s difficulties.

Pinpointing the exact reason is vital—your next application must address these gaps directly.

2. Gather Fresh, Detailed Evidence

A new application should include up-to-date, specific evidence:

• Recent reports from educational psychologists, speech and language therapists, occupational therapists, or paediatricians.

• School records showing interventions tried, their outcomes, and evidence of progress (or lack of it).

• A detailed letter from the school’s SENCO outlining your child’s needs, what’s been tried, and why SEN Support isn’t enough.

• Your own diary or log of your child’s difficulties at home and school.

If your child’s needs have changed or worsened, make this clear and provide supporting documentation.

3. Demonstrate That Needs Cannot Be Met Without an EHCP

The local authority must be convinced that your child’s needs are “significantly greater than the majority of others of the same age” and cannot be met from the resources normally available to mainstream schools (SEND Code of Practice, para 9.14).

Be specific:

• List all interventions tried, their duration, and why they haven’t worked.

• Show the gap between your child’s progress and that of their peers.

• Highlight any exclusions, part-time timetables, or evidence of distress.

4. Address Previous Weaknesses

If the refusal or appeal decision mentioned lack of evidence, missing reports, or unclear impact, make sure your new application is thorough. If the school was unsupportive, try to work with them to get a more detailed and honest assessment, or consider seeking input from an independent professional.

5. Consider Changes in Circumstances

You can reapply at any time, but a new application is more likely to succeed if:

• Your child’s needs have changed or worsened.

• There’s a new diagnosis or professional opinion.

• The school situation has changed (e.g., a move, exclusion, or breakdown in placement).

6. Make a Fresh Application

You do not need to wait a set period to reapply. Submit a new request for an EHC needs assessment to your local authority, clearly stating what has changed since the last application and attaching all new evidence.

7. Be Precise and Technical in Your Application

• Reference the SEND Code of Practice and Children and Families Act 2014, especially sections 36–37.

• Use technical language from professional reports.

• Quantify needs and support required (e.g., “requires 1:1 support for 20 hours per week”).

• Attach all supporting documents and list them in a covering letter.

8. Prepare for Possible Refusal

If refused again, you have the right to appeal. This time, you’ll have a stronger case if you’ve addressed the previous reasons for refusal and provided new evidence. The local authority must notify you of your right to appeal and the mediation process (SEND Code of Practice, para 9.190).

9. Keep Records and Stay Organised

• Keep copies of all correspondence, reports, and application forms.

• Log all communications with the local authority and school.

• Note deadlines for responses and appeals.

10. Look After Yourself

This process can be draining. It’s normal to feel frustrated or disheartened, but persistence and a methodical approach can make all the difference. Many families succeed after initial setbacks.

Summary

A refusal—even after an appeal—does not mean your child will never get an EHCP. By understanding the reasons for refusal, gathering robust evidence, and making a clear, technical case, you can improve your chances on a new application. Focus on what’s changed, be specific, and don’t give up. If you need help structuring your application or want to check if your evidence is strong enough, you can always ask for a second opinion from a trusted professional or peer.

If you’d like a template for a new application letter or a checklist of evidence, just chat to Caira 24/7 for instant answers and drafts about ECHP, schools and children's welfare.