Recommendation 27

Tribunals are an important feature of the accountability system, allowing families to challenge local authorities’ decisions regarding their children’s support; however, they should only need to be used as a last resort. We are deeply concerned by the number of local authorities found to have failed to meet their statutory obligations at the SEND Tribunal. A 97 per cent loss rate for Tribunal cases suggests a pattern of non-compliance which is unacceptable, particularly given that the entitlements of children and young people with SEND are clearly set out in the existing legislative framework. Greater efforts are needed to prevent cases from escalating to SEND 160 Tribunals by prioritising good partnership working with parents and carers, effective mediation and ensuring local authorities have the resources and the powers to fulfil their statutory obligations. (Conclusion, Paragraph 144)