Free Canary SEND Toolkit: Challenging a Refusal to Assess (2026 Toolkit) : Guide, Worksheet and Letters
Has the council refused to carry out an EHC needs assessment for your child? A refusal can feel like being told you’ve got it wrong about your own child, but it is a decision you can challenge, and many refusals are overturned.
The legal test for an assessment is lower than many families are led to believe. The council only has to think your child has or may have special educational needs, and that they may need an EHC plan. The High Court has described this as a low test, and said that a council refusing an assessment has to explain why it isn’t met.
This toolkit helps you check the council’s reasons against that test and answer each one with evidence about your child. It’s built so the same case carries you through every route. You can ask the council to think again, take your case to mediation and, if you need to, appeal to the SEND Tribunal, all without starting over each time.
It’s based on what I’ve learned supporting families through refusals over the years, my legal training with IPSEA and my own experience as a SEND parent. In my experience mediation is worth trying, and the guide explains why, but it’s always your choice. If you’d rather go straight to the tribunal, the guide shows you which parts to use.
What’s included
A 26-page plain-English guide. Every page starts with an “In short” box, so you can dip in when you need to. It covers:
the legal test, and what the law doesn’t require;
common refusal reasons and how to answer them;
progress that depends on support, masking and transitions;
asking the council to reconsider, and mediation;
appealing to the SEND Tribunal, including asking for an earlier hearing;
what the proposed reforms do and don’t change.
An editable response worksheet. It helps you work through the refusal, keep an evidence index and plan for mediation.
A letters pack with five editable letters:
asking for the documents behind the decision;
asking the council to reconsider;
questions for the school;
confirming an agreement to assess;
asking the tribunal for an earlier hearing.
What about the SEND reforms?
The Government’s proposals are not law. A refusal made now is challenged under the current law, and the toolkit is written around it.
All Canary SEND toolkits are free. If this one helps and you’re able to, you can add an optional contribution in the toolkit library, which helps keep them free for everyone.
This toolkit explains the law in England in general terms and isn’t legal advice about your individual situation.
How to download
When you check out, you’ll be asked for your name, email address and address. Squarespace’s checkout requires an address even for free downloads. I don’t use it for anything other than keeping a record of your order. You’ll also be asked to tick a box confirming the toolkit is for your own family or personal use.
Once you’ve checked out, your download links will appear on the next page. You’ll also get two emails: one confirming your order, and one with your download links. The links expire after 24 hours, but clicking an expired link will send you a new one. If the emails don’t arrive, please check your spam or junk folder first. If you still have any problems, get in touch at info@canary-send.co.uk.
Free for families and individuals. Professionals and organisations, please get in touch before using them.
Has the council refused to carry out an EHC needs assessment for your child? A refusal can feel like being told you’ve got it wrong about your own child, but it is a decision you can challenge, and many refusals are overturned.
The legal test for an assessment is lower than many families are led to believe. The council only has to think your child has or may have special educational needs, and that they may need an EHC plan. The High Court has described this as a low test, and said that a council refusing an assessment has to explain why it isn’t met.
This toolkit helps you check the council’s reasons against that test and answer each one with evidence about your child. It’s built so the same case carries you through every route. You can ask the council to think again, take your case to mediation and, if you need to, appeal to the SEND Tribunal, all without starting over each time.
It’s based on what I’ve learned supporting families through refusals over the years, my legal training with IPSEA and my own experience as a SEND parent. In my experience mediation is worth trying, and the guide explains why, but it’s always your choice. If you’d rather go straight to the tribunal, the guide shows you which parts to use.
What’s included
A 26-page plain-English guide. Every page starts with an “In short” box, so you can dip in when you need to. It covers:
the legal test, and what the law doesn’t require;
common refusal reasons and how to answer them;
progress that depends on support, masking and transitions;
asking the council to reconsider, and mediation;
appealing to the SEND Tribunal, including asking for an earlier hearing;
what the proposed reforms do and don’t change.
An editable response worksheet. It helps you work through the refusal, keep an evidence index and plan for mediation.
A letters pack with five editable letters:
asking for the documents behind the decision;
asking the council to reconsider;
questions for the school;
confirming an agreement to assess;
asking the tribunal for an earlier hearing.
What about the SEND reforms?
The Government’s proposals are not law. A refusal made now is challenged under the current law, and the toolkit is written around it.
All Canary SEND toolkits are free. If this one helps and you’re able to, you can add an optional contribution in the toolkit library, which helps keep them free for everyone.
This toolkit explains the law in England in general terms and isn’t legal advice about your individual situation.
How to download
When you check out, you’ll be asked for your name, email address and address. Squarespace’s checkout requires an address even for free downloads. I don’t use it for anything other than keeping a record of your order. You’ll also be asked to tick a box confirming the toolkit is for your own family or personal use.
Once you’ve checked out, your download links will appear on the next page. You’ll also get two emails: one confirming your order, and one with your download links. The links expire after 24 hours, but clicking an expired link will send you a new one. If the emails don’t arrive, please check your spam or junk folder first. If you still have any problems, get in touch at info@canary-send.co.uk.
Free for families and individuals. Professionals and organisations, please get in touch before using them.