The number of appeals to the SEND (special educational needs and disabilities) tribunal was 36 per cent higher this year than for the same period last year according to the latest figures.

There were 24,000 SEND tribunal receipts in the final quarter of 2024-25 - the highest amount of receipts of cases recorded in the government’s data series.

In the same period, between January and March of this year, the number of case disposals also rose to their highest number in the time series, at 19,000, and the number of open cases rose to 12,000, representing increases of 34 per cent and 45 per cent respectively.

The SEND tribunal hears appeals about local council decisions on education health and care plans (EHCPs).

This can include appeals against a decision not to undertake an EHCP assessment; not to issue an EHCP following assessment; the special educational needs described in an EHCP; the special educational needs provision specified in an EHCP; the name and type of setting named in a plan; or when no setting is named.

It also hears cases against decisions not to reassess a student’s need, not to amend or replace an EHCP following a review or assessment, and decisions to cease to maintain an EHCP.

The overwhelming majority of cases find in parents’ favour - with the most recent statistic at the end of last year showing that 95 per cent of cases found in favour of at least some part of the parents’ appeal.

The increase in people appealing to tribunals comes amid huge pressure on the SEND system and a funding crisis.

The latest census data shows that there are now 1.7 million pupils with SEND and there was an 11 per cent increase in the number of pupils with EHCPs.

Reacting to the tribunal figures, the education secretary Bridget Phillipson said: “Behind each one of these figures is a family desperately fighting for even the most basic support for their child, leaving a staggering number of parents exhausted while young people are denied precious help.”

Ms Phillipson said: “It doesn’t have to be this way, and this government will deliver the reform that families are crying out for through our Plan for Change - giving an excellent education to every child.

“We have already taken the first steps to identify and meet children’s needs earlier in mainstream schools, including through more early intervention across speech and language, ADHD and autism to prevent needs from escalating, and £740 million to encourage councils to create more specialist places in mainstream schools.”

EHCP future in doubt

Tes revealed last month that the DfE is considering whether or not to keep EHCPs as part of its ongoing plans to reform the SEND system.

The government’s strategic SEND adviser Dame Christine Lenehan said it was considering whether EHCPs were the right vehicle.

This week, the government’s Spending Review documents confirmed that reforms of the SEND system would be part of a schools White Paper due to be published this autumn.

Reports that the government is considering the future of EHCPs have led to concerns among parents that reform could result in a reduction in rights for children and young people with SEND.

A petition calling on the government “to commit to maintaining the existing law, so that vulnerable children with SEND can access education and achieve their potential” has now surpassed 100,000 signatures, meaning it will be debated in Parliament.

In its official response to the petition, the DfE said it was committed to improving inclusivity and expertise in early years and mainstream settings, as well as ensuring special schools cater to children with the most complex needs.

It added: “Any changes we make to the system will improve support for children and parents, stop parents from having to fight for support and protect provision currently in place.”

Focus on creating SEND places in mainstream schools

The creation of SEN units and resourced provisions within mainstream schools is a key focus of the government’s drive to ensure the system becomes more inclusive.

Ms Phillipson said: “We have already taken the first steps to identify and meet children’s needs earlier in mainstream schools, including through more early intervention across speech and language, ADHD and autism to prevent needs from escalating, and £740 million to encourage councils to create more specialist places in mainstream schools.”

A 2024 Tes investigation revealed concerns that schools need more support, funding and guidance to set up these units.

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