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Written question asked by Baroness Eaton (Conservative) on Thursday, 6 February 2025, in the House of Lords. It was due for an answer on Thursday, 20 February 2025. It was answered by Lord Ponsonby of Shulbrede (Labour) on Tuesday, 18 February 2025 on behalf of the Ministry of Justice.

Special Educational Needs: Appeals

Question

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.

Answer

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 This represents 66% of all outcomes (conceded, decided and withdrawn) and 99% of the total appeals decided in this Academic Year.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.

Secondary information

Type
Written question
Reference
HL4797
Session
2024-26
Subjects
Appeals Special educational needs First-tier Tribunal
Contains statistics
Yes
Link
View this Written question on www.parliament.uk