Written Question

Special Educational Needs: Tribunals

Friday 12th November 2021

Asked by: Judith Cummins (Labour - Bradford South)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many successful Education Health and Care plan appeals were made to the Special Educational Needs and Disability Tribunal in each of the last three years, by reason for the appeal.

Answered by James Cartlidge - Minister of State (Ministry of Defence)

The table below shows how many Education Health and Care plan (EHCP) appeals were made to the Special Educational Needs and Disability Tribunal, by reason for the appeal and how many EHCP appeals were successful at hearing in each of the last three calendar years.

2020	2020	2019	2019	2018	2018
Description of EHCP appeal			Appeals received in year		Appeals successful at hearing	Appeals received in year	Appeals successful at hearing	Appeals received in year	Appeals successful at hearing
CEASE TO MAINTAIN THE PLAN			48		31	81	24	56	11
CEASE TO MAINTAIN, REC - H			1		1	3	3	4	0
CEASE TO MAINTAIN, REC - H & S			11		4	11	3	6	0
CEASE TO MAINTAIN, REC - S			6		3	4	1	1	0
REFUSAL TO AMEND PLAN AFTER ANNUAL REVIEW, REC - H			2		0	3	0	0
REFUSAL TO AMEND PLAN AFTER ANNUAL, REC - S			0	0	2	0	3	0
REFUSAL TO AMEND PLAN AFTER ANNUAL, REC - H & S			1		0	3	4	5	0
REFUSAL TO AMEND THE PLAN AFTER A REVIEW			18		16	39	36	57	23
REFUSAL TO ISSUE EHC PLAN, REC - H			25		4	21	6	8	2
REFUSAL TO ISSUE EHC PLAN, REC - H & S			23		11	33	7	17	6
REFUSAL TO ISSUE EHC PLAN, REC - S			1		1	9	2	1	0
REFUSAL TO MAKE AN EHC PLAN			762		294	679	195	562	141
REFUSAL TO RE-ASSESS			5		1	4	2	5	2
REFUSAL TO SECURE AN EHC ASSESSMENT			2,186		618	2254	540	1844	379
SECTION B			5		1	2	3	7	1
SECTION B - REC - HEALTH			0	0	1	0	1	0
SECTION B & F			357		217	319	231	399	274
SECTION B & F - REC - HEALTH			51		25	37	17	16	1
SECTION B & F - REC - HEALTH AND SOCIAL CARE			106		34	101	33	36	4
SECTION B & F - REC - SOCIAL CARE			32		10	28	7	10	2
SECTION B & I			29		22	31	12	25	14
SECTION B & I - REC - HEALTH			6		2	2	2	1	0
SECTION B & I - REC - HEALTH AND SOCIAL CARE			1		1	2	0	3	0
SECTION B & I - REC - SOCIAL CARE			1		0	2	0	1	1
SECTION B, F & I			1,573		1,065	1356	977	1408	873
SECTION B, F & I - REC - HEALTH			187		113	149	65	44	6
SECTION B, F & I - REC - HEALTH AND SOCIAL CARE			419		208	361	128	173	19
SECTION B, F & I - REC - SOCIAL CARE			178		84	134	57	48	4
SECTION F			99		51	90	40	104	48
SECTION F - REC - HEALTH			5		6	8	4	4	0
SECTION F - REC - HEALTH AND SOCIAL CARE			8		4	2	2	5	1
SECTION F - REC - SOCIAL CARE			4		1	5	3	5	0
SECTION F & I			118		85	139	67	132	54
SECTION F & I - REC - HEALTH			15		10	9	4	4	0
SECTION F & I - REC - HEALTH AND SOCIAL CARE			10		8	12	6	5	0
SECTION F & I - REC - SOCIAL CARE			7		7	13	5	5	0
SECTION I - DISAGREEMENT WITH THE SCHOOL NAMED			1,375		657	1241	358	879	180
SECTION I - DISAGRMNT WITH SCH NAMED, REC - H			19		11	7	3	8	2
SECTION I - DISAGRMNT WITH SCH NAMED, REC - H & S			3		4	15	2	3	1
SECTION I - DISAGRMNT WITH SCH NAMED, REC - S			7		1	7	6	5	1
SECTION I - NO SCH NAMED IN THE PLAN, REC - H			6		3	2	6	0	2
SECTION I - NO SCH NAMED IN THE PLAN, REC - H & S			1		2	1	0	1
SECTION I - NO SCH NAMED IN THE PLAN, REC - S			4		3	3	2	1	1
SECTION I - NO SCHOOL NAMED IN THE PLAN			128		65	159	60	123	14

Appeals found in favour of the parent or young person are those in which the appellant was successful in all or part of the appeal
The data are extracted from GAPS2- the Tribunal’s case management system

The years referred to above are calendar years.

The SEND Tribunal does not gather data on the average time for EHCP appeals to be heard. It has a performance measure that 75% of appeals should be brought to hearing and the decision issued within 22 weeks of the appeal being registered. Performance against that measure in the calendar year 2020 was 80%; 2019, 89%; and in 2018, 91%.

---

Written Question

Special Educational Needs: Tribunals

Friday 12th November 2021

Asked by: Judith Cummins (Labour - Bradford South)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what the average time was for Education Health and Care plan appeals made to the Special Educational Needs and Disability Tribunal to be heard in each of the last three years, by reason for the appeal.

Answered by James Cartlidge - Minister of State (Ministry of Defence)

The table below shows how many Education Health and Care plan (EHCP) appeals were made to the Special Educational Needs and Disability Tribunal, by reason for the appeal and how many EHCP appeals were successful at hearing in each of the last three calendar years.

2020	2020	2019	2019	2018	2018
Description of EHCP appeal			Appeals received in year		Appeals successful at hearing	Appeals received in year	Appeals successful at hearing	Appeals received in year	Appeals successful at hearing
CEASE TO MAINTAIN THE PLAN			48		31	81	24	56	11
CEASE TO MAINTAIN, REC - H			1		1	3	3	4	0
CEASE TO MAINTAIN, REC - H & S			11		4	11	3	6	0
CEASE TO MAINTAIN, REC - S			6		3	4	1	1	0
REFUSAL TO AMEND PLAN AFTER ANNUAL REVIEW, REC - H			2		0	3	0	0
REFUSAL TO AMEND PLAN AFTER ANNUAL, REC - S			0	0	2	0	3	0
REFUSAL TO AMEND PLAN AFTER ANNUAL, REC - H & S			1		0	3	4	5	0
REFUSAL TO AMEND THE PLAN AFTER A REVIEW			18		16	39	36	57	23
REFUSAL TO ISSUE EHC PLAN, REC - H			25		4	21	6	8	2
REFUSAL TO ISSUE EHC PLAN, REC - H & S			23		11	33	7	17	6
REFUSAL TO ISSUE EHC PLAN, REC - S			1		1	9	2	1	0
REFUSAL TO MAKE AN EHC PLAN			762		294	679	195	562	141
REFUSAL TO RE-ASSESS			5		1	4	2	5	2
REFUSAL TO SECURE AN EHC ASSESSMENT			2,186		618	2254	540	1844	379
SECTION B			5		1	2	3	7	1
SECTION B - REC - HEALTH			0	0	1	0	1	0
SECTION B & F			357		217	319	231	399	274
SECTION B & F - REC - HEALTH			51		25	37	17	16	1
SECTION B & F - REC - HEALTH AND SOCIAL CARE			106		34	101	33	36	4
SECTION B & F - REC - SOCIAL CARE			32		10	28	7	10	2
SECTION B & I			29		22	31	12	25	14
SECTION B & I - REC - HEALTH			6		2	2	2	1	0
SECTION B & I - REC - HEALTH AND SOCIAL CARE			1		1	2	0	3	0
SECTION B & I - REC - SOCIAL CARE			1		0	2	0	1	1
SECTION B, F & I			1,573		1,065	1356	977	1408	873
SECTION B, F & I - REC - HEALTH			187		113	149	65	44	6
SECTION B, F & I - REC - HEALTH AND SOCIAL CARE			419		208	361	128	173	19
SECTION B, F & I - REC - SOCIAL CARE			178		84	134	57	48	4
SECTION F			99		51	90	40	104	48
SECTION F - REC - HEALTH			5		6	8	4	4	0
SECTION F - REC - HEALTH AND SOCIAL CARE			8		4	2	2	5	1
SECTION F - REC - SOCIAL CARE			4		1	5	3	5	0
SECTION F & I			118		85	139	67	132	54
SECTION F & I - REC - HEALTH			15		10	9	4	4	0
SECTION F & I - REC - HEALTH AND SOCIAL CARE			10		8	12	6	5	0
SECTION F & I - REC - SOCIAL CARE			7		7	13	5	5	0
SECTION I - DISAGREEMENT WITH THE SCHOOL NAMED			1,375		657	1241	358	879	180
SECTION I - DISAGRMNT WITH SCH NAMED, REC - H			19		11	7	3	8	2
SECTION I - DISAGRMNT WITH SCH NAMED, REC - H & S			3		4	15	2	3	1
SECTION I - DISAGRMNT WITH SCH NAMED, REC - S			7		1	7	6	5	1
SECTION I - NO SCH NAMED IN THE PLAN, REC - H			6		3	2	6	0	2
SECTION I - NO SCH NAMED IN THE PLAN, REC - H & S			1		2	1	0	1
SECTION I - NO SCH NAMED IN THE PLAN, REC - S			4		3	3	2	1	1
SECTION I - NO SCHOOL NAMED IN THE PLAN			128		65	159	60	123	14

Appeals found in favour of the parent or young person are those in which the appellant was successful in all or part of the appeal
The data are extracted from GAPS2- the Tribunal’s case management system

The years referred to above are calendar years.

The SEND Tribunal does not gather data on the average time for EHCP appeals to be heard. It has a performance measure that 75% of appeals should be brought to hearing and the decision issued within 22 weeks of the appeal being registered. Performance against that measure in the calendar year 2020 was 80%; 2019, 89%; and in 2018, 91%.

---

Written Question

Special Educational Needs: Tribunals

Friday 12th November 2021

Asked by: Judith Cummins (Labour - Bradford South)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many Education Health and Care plan appeals were made to the Special Educational Needs and Disability Tribunal in each of the last three years, by reason for the appeal.

Answered by James Cartlidge - Minister of State (Ministry of Defence)

The table below shows how many Education Health and Care plan (EHCP) appeals were made to the Special Educational Needs and Disability Tribunal, by reason for the appeal and how many EHCP appeals were successful at hearing in each of the last three calendar years.

2020	2020	2019	2019	2018	2018
Description of EHCP appeal			Appeals received in year		Appeals successful at hearing	Appeals received in year	Appeals successful at hearing	Appeals received in year	Appeals successful at hearing
CEASE TO MAINTAIN THE PLAN			48		31	81	24	56	11
CEASE TO MAINTAIN, REC - H			1		1	3	3	4	0
CEASE TO MAINTAIN, REC - H & S			11		4	11	3	6	0
CEASE TO MAINTAIN, REC - S			6		3	4	1	1	0
REFUSAL TO AMEND PLAN AFTER ANNUAL REVIEW, REC - H			2		0	3	0	0
REFUSAL TO AMEND PLAN AFTER ANNUAL, REC - S			0	0	2	0	3	0
REFUSAL TO AMEND PLAN AFTER ANNUAL, REC - H & S			1		0	3	4	5	0
REFUSAL TO AMEND THE PLAN AFTER A REVIEW			18		16	39	36	57	23
REFUSAL TO ISSUE EHC PLAN, REC - H			25		4	21	6	8	2
REFUSAL TO ISSUE EHC PLAN, REC - H & S			23		11	33	7	17	6
REFUSAL TO ISSUE EHC PLAN, REC - S			1		1	9	2	1	0
REFUSAL TO MAKE AN EHC PLAN			762		294	679	195	562	141
REFUSAL TO RE-ASSESS			5		1	4	2	5	2
REFUSAL TO SECURE AN EHC ASSESSMENT			2,186		618	2254	540	1844	379
SECTION B			5		1	2	3	7	1
SECTION B - REC - HEALTH			0	0	1	0	1	0
SECTION B & F			357		217	319	231	399	274
SECTION B & F - REC - HEALTH			51		25	37	17	16	1
SECTION B & F - REC - HEALTH AND SOCIAL CARE			106		34	101	33	36	4
SECTION B & F - REC - SOCIAL CARE			32		10	28	7	10	2
SECTION B & I			29		22	31	12	25	14
SECTION B & I - REC - HEALTH			6		2	2	2	1	0
SECTION B & I - REC - HEALTH AND SOCIAL CARE			1		1	2	0	3	0
SECTION B & I - REC - SOCIAL CARE			1		0	2	0	1	1
SECTION B, F & I			1,573		1,065	1356	977	1408	873
SECTION B, F & I - REC - HEALTH			187		113	149	65	44	6
SECTION B, F & I - REC - HEALTH AND SOCIAL CARE			419		208	361	128	173	19
SECTION B, F & I - REC - SOCIAL CARE			178		84	134	57	48	4
SECTION F			99		51	90	40	104	48
SECTION F - REC - HEALTH			5		6	8	4	4	0
SECTION F - REC - HEALTH AND SOCIAL CARE			8		4	2	2	5	1
SECTION F - REC - SOCIAL CARE			4		1	5	3	5	0
SECTION F & I			118		85	139	67	132	54
SECTION F & I - REC - HEALTH			15		10	9	4	4	0
SECTION F & I - REC - HEALTH AND SOCIAL CARE			10		8	12	6	5	0
SECTION F & I - REC - SOCIAL CARE			7		7	13	5	5	0
SECTION I - DISAGREEMENT WITH THE SCHOOL NAMED			1,375		657	1241	358	879	180
SECTION I - DISAGRMNT WITH SCH NAMED, REC - H			19		11	7	3	8	2
SECTION I - DISAGRMNT WITH SCH NAMED, REC - H & S			3		4	15	2	3	1
SECTION I - DISAGRMNT WITH SCH NAMED, REC - S			7		1	7	6	5	1
SECTION I - NO SCH NAMED IN THE PLAN, REC - H			6		3	2	6	0	2
SECTION I - NO SCH NAMED IN THE PLAN, REC - H & S			1		2	1	0	1
SECTION I - NO SCH NAMED IN THE PLAN, REC - S			4		3	3	2	1	1
SECTION I - NO SCHOOL NAMED IN THE PLAN			128		65	159	60	123	14

Appeals found in favour of the parent or young person are those in which the appellant was successful in all or part of the appeal
The data are extracted from GAPS2- the Tribunal’s case management system

The years referred to above are calendar years.

The SEND Tribunal does not gather data on the average time for EHCP appeals to be heard. It has a performance measure that 75% of appeals should be brought to hearing and the decision issued within 22 weeks of the appeal being registered. Performance against that measure in the calendar year 2020 was 80%; 2019, 89%; and in 2018, 91%.

---

Written Question

Ministry of Justice: Public Opinion

Tuesday 30th June 2020

Asked by: Judith Cummins (Labour - Bradford South)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how much his Department spent on (a) opinion polling and (b) focus groups in each month since January 2019.

Answered by Chris Philp - Minister of State (Home Office)

The information requested is not held centrally and therefore can only be provided at disproportionate costs.

---

Written Question

Dangerous Driving: Sentencing

Monday 3rd December 2018

Asked by: Judith Cummins (Labour - Bradford South)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, with reference to his Department's press release entitled Life sentences for killer drivers, published on 15 October 2017, what the timescale is for bringing forward legislation on introducing life sentences for causing death by dangerous or careless driving.

Answered by Rory Stewart

I refer the honourable member to Edward Argar’s response of 23 November to Question 193551.

---

Written Question

Dangerous Driving: Sentencing

Friday 23rd November 2018

Asked by: Judith Cummins (Labour - Bradford South)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, with reference to his Department's press release entitled Life sentences for killer drivers published on 15 October 2017, what the timetable is for the introduction of changes in sentences for causing death by dangerous or careless driving.

Answered by Edward Argar - Minister of State (Ministry of Justice)

In the response to the consultation on driving offences and penalties relating to causing death or serious injury, published in 2017, the government proposed to increase the maximum penalties for causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs from 14 years’ imprisonment to life.

The government is committed to making sure that the courts have sufficient powers to deal with driving offences appropriately and proportionately.

We will bring forward proposals for changes in the law as soon as parliamentary time allows. These proposals will take account of, and incorporate, all of government’s proposals for safer roads, including any arising from the Department of Transport’s review of cycle safety.

---

Written Question

Dangerous Driving: Sentencing

Friday 27th April 2018

Asked by: Judith Cummins (Labour - Bradford South)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, with reference to the press release entitled Life sentences for killer drivers, published by his Department on 15 October 2017, what progress he has made on (a) implementing an increase to the maximum penalty for the offences of causing death by (i) dangerous driving and (ii) careless driving whilst under the influence of drink or drugs to life imprisonment and (b) creating a new offence of causing serious injury by careless driving.

Answered by Rory Stewart

The government is committed to making sure that the courts have sufficient powers to deal with driving offences appropriately and proportionately.

We will bring forward proposals for changes in the law as soon as parliamentary time allows. These proposals will take account of, and incorporate, all of government’s proposals for safer roads, including those arising from the Department of Transport’s review of cycle safety.

---