Special Educational Needs: Tribunals

(asked on 26th May 2022) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many First-tier Tribunal (Special Educational Needs and Disability) hearings that were due to be heard in the last twelve months have been cancelled, broken down by the age of each young person concerned.


Answered by
James Cartlidge Portrait
James Cartlidge
Minister of State (Ministry of Defence)
This question was answered on 10th June 2022

In the First-tier Tribunal (Special Needs and Disability) (SEND), all appeals are listed for hearing on the next available date, on receipt. If the hearing date allocated is unsuitable for whatever reason, the cancellation of the original hearing date is counted as a postponement in the SEND tribunal’s case-handling system – GAPS2. If that second hearing is cancelled and the case re-listed, that is counted as another postponement in the system. Examples of the reasons why a hearing might be postponed include that:

  • the date is unsuitable for one or both of the parties involved;
  • a key witness is unavailable;
  • the child or young person who is the subject of the appeal is unwell;
  • the case isn’t ready for hearing because evidence has not been produced; and
  • the tribunal is unable to constitute a panel to hear the case.

The number of hearings postponed in the last 12 months (i.e. from 1 May 2021 to 30 April 2022) by age of the young person concerned is set out in the table below.

Age of child/young person*

No. of hearings postponed

0-1

9

1-2

7

2-3

3

3-4

14

4-5

96

5-6

406

6-7

322

7-8

397

8-9

370

9-10

379

10-11

501

11-12

781

12-13

981

13-14

428

14-15

420

15-16

381

16-17

271

17-18

211

18-19

107

19-20

93

20-21

99

21-22

47

22-23

34

23-24

42

24-25

16

25

22

*The age range is determined by the date of birth of the child or young person subject of the appeal.

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