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Special Educational Needs and Disabilities - Tribunal Statistics 2023 - 2024: Key Trends

Recent tribunal statistics published for the 2023 – 2024 academic year (which can be found here) undoubtedly signify the increasing pressures encountered by the SEND Tribunal and the growing concerns shared by parents of children with Special Educational Needs (SEN), surrounding the difficulties accessing and obtaining the adequate support for their children.

Number of Appeals Registered Categorised

In the academic year 2023/24, there were a recorded 21,000 SEN appeals registered, which is a staggering 55% increase when comparing to 2022/23. Also in the same year, there were a recorded 17,000 SEN appeals that were disposed of, again, an increase of 43% from the previous academic year.

It was found that of the 21,000 SEN appeals registered in 2023/24, an astonishing 59% were in relation to the contents of an Education, Health and Care Plan (EHCP), while a total of 27% were in relation to the Local Authority’s refusal to secure an Education, Health and Care Needs Assessment (EHCNA). In 2023/24 there were 360 appeals registered in relation to disability discrimination, compared to the 330 which were registered in 2022/23 – an increase of 9%. Of those 330 disability discrimination appeals, 7% were in relation to temporary school exclusions and the remainder were not categorised. This evidences that appeals in relation to EHCPs and the process surrounding obtaining one, dominate the statistics, yet again.

It has been suggested that the increase in the number of appeals registered are a result of a number of factors. One being the Tribunal’s expanded powers to now make non-binding recommendations in relation to health and social care and the continued effect of the 2014 SEN reforms which introduced EHCPs and extended the provision of support from birth to 25 years of age. Furthermore, due to the growth in numbers of families seeking EHCNA and subsequently, an EHCP due to increased difficulties in obtaining the adequate support for their children, coupled with the increased awareness of special educational needs.

Appeal Outcomes

In terms of SEN appeal outcomes, it was found that the vast majority of appeals relating to the contents of an EHCP or an EHCNA were concluded without the need to attend a Tribunal hearing. In 2023/24, of the 17,000 outcomes recorded by HMCTS in relation to SEN appeals, 11,000 cases were decided by the Tribunal – which is 67% of the recorded outcomes. When comparing to the 2022/23 academic year, this has decreased by 1%.

Further, of the 11,000 cases decided, a staggering 99%, were in favour of the appellant; an increase of 1% on the 2022/23 academic year – it is important to be aware that in such cases, the Tribunal considers an appeal to be successful if they decide against the Local Authority. For appeals against an EHCP, all that is needed for an appeal to be deemed successful is for one amendment to be made to the EHCP.

Of the 700 EHCP appeals against Section I only (i.e. the section of the EHCP which relates to a child’s placement), 34% were concluded in favour of parental preference. A further 28% were concluded in favour of both the parental and Local Authority preference (i.e. when the Local Authority concede during the Tribunal hearing); and a mere 12% were decided in line with the Local Authority’s preference. Lastly, 8% of the appeals were concluded in line with neither the parental or Local Authority’s preference and, the remaining 18% were unable to be determined.

Conclusion

In light of the aforementioned statistics it is evident that the Tribunal is extremely saturated with appeals and the Local Authorities are continuing to unreasonably challenge or defend cases wherein there is clearly a limited prospect of success. Whilst there is no doubt that Local Authorities are also under immense pressure, there is a growing consensus amongst families and experts that the time and resources spent on defending Tribunal appeals could be better directed towards improving SEND services and therefore, reducing the need for a Tribunal appeal in the first instance. There is an interesting take on the amount of money and resources spent by Local Authorities on failed efforts to fight providing SEND support for children written by Richard Adams, Education Editor for The Guardian which can be found here.

Whilst we appreciate that the SEND appeal process can be daunting, when considering the continued and increasing number of SEND cases decided in favour of the appellants, we strongly endorse the need for parents to challenge a decision that they are unhappy with, via the SEND Tribunal process. If this is something you would like advice or assistance with, please do not hesitate to contact our specialist SEN lawyers today, who will be able to utilise their specialist knowledge and experience guide you throughout the entire process, up to and including the Tribunal hearing, if necessary.

If you would like to discuss your matter further, please contact us on 0333 202 7175 or email education@hcbgroup.com