Special Educational Needs: Appeals
(asked on 6th February 2025) - View Source
Question to the Ministry of Justice:
To ask His Majesty's Government what proportion of appeals to the First-tier Tribunal against local authority decisions relating to special education needs are upheld.
In the Academic Year 2023-24 (the latest period for which statistics have been published), 16,726 appeals were disposed, of which 11,157 appeals had outcomes decided. Of the 11,157 decided, 11,007 were decided in favour of the appellant (upheld1). This represents 66% of all outcomes (conceded, decided and withdrawn) and 99% of the total appeals decided in this Academic Year.
HM Courts and Tribunals Service (which administers the First-tier Tribunal for Special Educational Needs and Disability (SEND)) is working with colleagues from the Department for Education to understand the increase in Education, Health Care Plans (EHCPs); the increasing demand on the Tribunal; and also, how to improve initial decision making by Local Authorities.
Information about appeal outcomes to SEND is published at: Tribunals statistics quarterly: July to September 2024 - GOV.UK.
1Appeals are counted as upheld when the majority of the Local Authority’s decision is overturned.