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Special Educational Needs: Appeals

Asked by Dr Roz SavageLiberal DemocratDepartment for EducationTabled Answered 8 September 2026UIN 25310

The question

To ask the Secretary of State for Education, whether her Department has made an estimate of the proportion of Education, Health and Care Plan appeals conceded immediately prior to SEND Tribunal hearings; and if she will publish data on the number of such cases and the average length of time children waited for provision before concessions were made.

Answered by Department for Education

The department holds local authorities to account in delivering their responsibilities on special educational needs and disabilities (SEND). Where failure is persistent, the department may intervene directly, using statutory powers and improvement partners to support service improvement.

Area SEND inspections also help make sure local services are meeting the needs of children and young people with SEND. There will be a full consultation on proposed changes to the Area SEND inspection framework too, looking at changes to inspection as a result of changes to roles, responsibilities and statutory duties of local area partners and wider SEND reforms.

In our ‘SEND Reform: Putting children and young people first’ consultation, we proposed measures to improve local authorities’ future decision-making and transparency around Tribunal outcomes. This included proposals to publish an annual SEND Tribunal outcomes dashboard and introduce new requirements on local authorities following Tribunal judgments, for example to publish regular summaries of judgments made against them. We are currently considering all consultation feedback and will publish final proposals in due course.

The Ministry of Justice publishes information about the number of SEND Tribunal cases, including the number of cases conceded, in the SEND Tribunal Tables.

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