Source · Select Committees · Public Accounts Committee
Recommendation 10
10
Acknowledged
Increasing EHC plan tribunal appeals indicate systemic failures and poor value for money
Conclusion
Parents are also increasingly appealing EHC plan decisions with the proportion being taken to a tribunal, parents’ final recourse for complaints, increasing from 1.6% in 2018 to 2.5% in 2023. The number of decisions appealed increased from 6,000 in 2018 to 15,600 in 2023. Nearly all (98%) were decided in favour of families, which the Department explained by decisions being recorded in their favour should they win on any aspect.19 With one in 40 cases going to tribunal, the Department confirmed the SEN system was not operating sensibly and did not represent value for money.
Government Response Summary
The department recognises that some families struggle to get the right support they need, when they need it, and aims to address issues causing Tribunal appeals through broader systemic reform. It will work with the Ministry of Justice, the SEND Tribunal and local authorities and consider building on previous work to deliver training sessions for local authority SEND caseworkers.
Government Response
Acknowledged
HM Government
Acknowledged
1.9 Most Education, Health and Care plans (EHC plans) and assessments are concluded without the need for a Tribunal appeal. However, the department recognises that some families struggle to get the right support they need, when they need it. 1.10 Issues causing Tribunal appeals will be best resolved through the broader systemic reform which the department is developing, which will take time. This is why it is working with Ofsted now to improve mainstream accountability and to increase expertise in the workforce. 1.11 The department will work closely with experts on the SEND reforms, and have recently appointed a Strategic Advisor for SEND, who will play a key role in engaging the sector, including leaders, practitioners, children, and families, as it considers next steps on reform. 1.12 In the meantime, the department will continue to work with Ministry of Justice, the SEND Tribunal and local authorities to better understand why appeal rates continue to rise sharply and address the key reasons why the Tribunal finds in favour of appellants, at least in part, for most appeals. For example, the department could look to build on work it has done before with the Independent Provider of Special Education Advice (IPSEA) and the Council for Disabled Children to develop and deliver “SEND and the law” training sessions for local authority SEND caseworkers, delivered in 2024.