Source · Select Committees · Education Committee
Recommendation 27
27
Acknowledged
High SEND Tribunal loss rate indicates widespread local authority non-compliance
Conclusion
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)
Government Response Summary
The government acknowledges that the SEND system does not work for too many families, agrees with prioritising partnership working, and highlights the new SEND inspection framework launched in January 2023 to improve outcomes and local authority accountability.
Government Response
Acknowledged
HM Government
Acknowledged
We appreciate the Committee’s careful consideration of these issues and will respond to their recommendations on improving local authority accountability, including in relation to the SEND tribunal. Almost 95% of education, health and care plans (EHCPs) and assessments are concluded without a Tribunal hearing. Nationally, in 2024, there were 22,300 appeals registered, giving an appeal rate of 5.7%. However, we acknowledge that the SEND system does not work for too many families who face a lengthy, stressful and adversarial process to secure support for their child. We recognise the need for clear, independent routes of redress, retaining the SEND Tribunal as an important legal backstop for families who are unable to find resolution earlier in the process. We agree with the Committee that local authorities and education settings should prioritise good partnership working with families. All parties should work closely and collaboratively to develop solutions to their disagreements, so that children or young people get the support they need quicker without the need for a Tribunal appeal. Similarly, we recognise that the importance of ensuring that schools and local authorities are accountable for the services they have a duty to provide for children and young people with SEND. We will work closely with the Ombudsman and the Tribunal to determine their roles in a reformed SEND system. A new SEND inspection framework launched in January 2023, with all local areas to be inspected by 2027 to improve outcomes for children and young people with SEND. This inspection covers the role of the LA and the ICB. Where a local area does not meet its duties, DfE can take action that prioritises children’s needs and supports local areas to bring about rapid improvement. A recent review of the past two years of inspection identified the need for greater family involvement, reduced inspection burden and greater clarity of reporting including making clearer which partner should take forward areas for improvement where appropriate. DfE continues to work with Ofsted/CQC to refine the framework in line with wider SEND reforms.