SEND Tribunal Data 2023/24
Navigating the Special Educational Needs and Disability system can feel like an uphill battle for so many families. As a parent of neurodivergent children, I’ve experienced the frustration and confusion that comes with trying to secure the right support—and I know I’m not alone in that. The latest data released by the Ministry of Justice on the SEND Tribunal paints a stark picture of the challenges families face in advocating for their children.
What Is the SEND Tribunal and Why Does It Matter?
For those unfamiliar, the SEND Tribunal is where families in England can appeal decisions made by local authorities about their child’s Educational, Health, and Care plan. It’s also where disability discrimination claims against schools are heard. Simply put, it’s where families turn when they feel their children’s needs aren’t being met.
The Tribunal looks at the evidence provided and makes decisions based on SEND law. While it can be a lifeline for families, the process is long, emotionally draining, and often feels like an unfair fight against well-resourced local authorities.
A Record-Breaking Year for Appeals
The 2023/24 data revealed a 55% increase in SEND Tribunal appeals—21,000 registered cases compared to 14,000 the year before. Behind these numbers are families desperate to secure the support their children need. It’s not just about statistics; it’s about children who are struggling in classrooms, parents who are losing sleep, and systems that aren’t keeping up with demand.
Key Reasons for the Increase:
The 2014 SEND reforms, which extended EHC plan provision to young people up to age 25.
The SEND Tribunal’s expanded powers to make recommendations on health and social care.
The growing number of families requesting EHC needs assessments due to rising awareness and needs.
Of these cases, 95% of Tribunal decisions favoured parents—a powerful testament to the validity of their concerns but also an indictment of how often local authorities fall short.
The Emotional and Financial Toll
The data also highlights the immense cost of defending these appeals—£153 million in 2023/24 alone. Imagine what that money could have done if it had been channelled into better SEND provisions instead of legal battles. This isn’t just about wasted resources; it’s about the emotional toll on families who feel forced into conflict to get their child’s needs met.
Disability discrimination claims also rose by 9% last year, showing that the fight for equitable treatment extends beyond EHC plans. Of the cases heard, 63% were upheld—a sobering reminder of the challenges neurodivergent children face even in settings meant to nurture them.
What This Means for Families Like Ours
The data makes one thing clear: families cannot navigate this system alone. The process is overwhelming, and the stakes are high. This is why I started Inclusive Outsource—to stand beside families who feel lost or unheard. We believe in empowering parents with the knowledge and tools they need to advocate effectively, whether it’s helping you navigate the EHCP process or finding the right words for a school meeting.
Where Do We Go from Here?
For families, this data is a double-edged sword. It shows that parents can win appeals, but it also highlights just how broken the system is. It’s a call to action—not just for policymakers, but for all of us advocating for better outcomes for neurodivergent children.
If you’re struggling with the EHCP process or need guidance on the SEND Tribunal, you’re not alone. Let’s make sure your child gets the support they deserve.
